The Criminal Code sets out motor vehicle offences. Impaired driving and driving with a blood alcohol level over 80 milligrams are two of the most common charges. Many people erroneously believe that there is some magic formula that specifies how many drinks per hour the law allows you to have.
This is false.
At law, you could be found to be driving while impaired after only one drink. This is in contrast to the offence of over 80, which requires a specific amount of alcohol in your bloodstream at the time of driving. Because one of the offences is quantitative and the other qualitative, it is not unusual for the police to lay both charges against one accused, either of which carries a maximum sentence of five years in jail. More importantly however, these charges carry mandatory minimum sentences.
Impaired Driving and Other Motor Vehicle Offences
If convicted of your first impaired offence you will have a criminal record. An impaired driving office will also prohibit you from driving a motor vehicle for a minimum of one year. The Criminal Code also creates other driving offences including but not limited to:
- refusing to blow into a breathalyzer
- dangerous driving
- driving while impaired by a drug
- criminal negligence
- failing to stop for an accident
- evading police and,
- obstructing justice
If you have been charged with a driving under the Criminal Code of Canada, contact us immediately.