Question: I witnessed a discussion the other day about the difference between the charges of driving over .08 BAC and driving while impaired. Over .08 BAC is obvious but what actions or behaviours can bring an impaired driving charge?
Does it specifically refer to alcohol and drugs? Can a person be deemed impaired by illness, say dementia, or impaired by say a neck brace or cast?
Criminal Impaired Driving Legislation
Here is the legislation in the Criminal Code of Canada regarding impaired driving:
253 (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,
(a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
(b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.
Two Separate Offences
As you can see, there are two separate offences, driving while your blood alcohol level is greater than 80 mg% and driving while your ability to do so is impaired by alcohol or a drug. The drug can be either a legal or illegal drug, what matters is whether it impairs your ability to drive or not.
Impaired Driving Prosecution
Typically to prosecute under subsection (a) the officer will observe the driving, the physical appearance and actions of the driver and possibly a physical test or hearing admissions of drug use.
Driving While Impaired by Drugs Other Than Alcohol
If the officer is a Drug Recognition Expert or the officer has access to a drug recognition expert the driver must undergo examination by the expert to assess drug use and impairment.
If the sum of the evidence gathered shows a marked departure from the driving norm and that it was caused by drug use, the court can convict the driver of impaired driving.
Learn More
Drug Recognition Expert Evaluation
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