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Fighting Impaired Driving Charges: Operation of Automobiles, Watercraft, among other things
Question: What is impaired driving in Canada?
Answer: Impaired driving, legally termed as impaired operation, involves operating a conveyance—such as a vehicle, watercraft, or aircraft—while one's ability is impaired by alcohol or drugs. The charges can escalate from merely posing a danger to causing bodily harm or even death. Charged under section 320.14 of the Criminal Code, R.S.C. 1985, c. C-46, these offences carry severe penalties. Legal advice is vital in such cases to navigate the complexities and aim for a favourable outcome. For assistance, connect with a capable legal representative who understands the nuances of your case.
The charge commonly known as driving under the influence ("DUI") or driving while impaired ("DWI") is actually misnamed. The charge is technically known as impaired operation of a conveyance ("impaired driving") which may involve a motor vehicle, a watercraft of many types, an aircraft, or railway equipment. Additionally, an impaired conveyance charge involves three variations which depend upon whether the conduct caused a danger, caused an injury, or caused a death. All three variations are very serious concerns that are deserving of attention from a professional legal representative.
The Law
In 2018, the Criminal Code of Canada, R.S.C. 1985, c. C-46 was significantly revised. The former impaired driving charge, which was previously found at section 249 of the Criminal Code was repealed and the new charge of dangerous operation of a conveyance was added, and reworded from the former charge. The new charge is found at section 320.14 of the Criminal Code. Specifically, the new charge states:
Impaired operation
320.14 (1) Everyone commits an offence who
(a) operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;
(b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;
(c) subject to subsection (6), has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or
(d) subject to subsection (7), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.
Operation causing bodily harm
(2) Everyone commits an offence who commits an offence under subsection (1) and who, while operating the conveyance, causes bodily harm to another person.
Operation causing death
(3) Everyone commits an offence who commits an offence under subsection (1) and who, while operating the conveyance, causes the death of another person.
As indicated, section 320.14(1) addresses impaired operation posing a danger to the public while section 320.14(2) addresses impaired operation causing bodily harm or injury and section 320.14(3) addresses impaired operation causing death. With each increasing level of seriousness, and every level is indeed serious, the degree of potential penalties and punishments increases.
Possible Penalties
As shown, the potential penalties following a conviction for an impaired operation offence depends upon the specific section charged and circumstances involved. Upon an impaired operation causing risk of danger conviction, the potential penalties are prescribed by section 320.19(1). Upon an impaired operation causing injury conviction, the potential penalties are prescribed by section 320.20. Upon an impaired operation causing death conviction, the potential penalties are prescribed by section 320.21. Specifically, the respective penalty sections state:
Punishment
320.19(1) Every person who commits an offence under subsection 320.14(1) or 320.15(1) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of,
(i) for a first offence, a fine of $1,000,
(ii) for a second offence, imprisonment for a term of 30 days, and
(iii) for each subsequent offence, imprisonment for a term of 120 days; or
(b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of,
(i) for a first offence, a fine of $1,000,
(ii) for a second offence, imprisonment for a term of 30 days, and
(iii) for each subsequent offence, imprisonment for a term of 120 days.
Punishment in case of bodily harm
320.2 Every person who commits an offence under subsection 320.13(2), 320.14(2), 320.15(2) or 320.16(2) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of,
(i) for a first offence, a fine of $1,000,
(ii) for a second offence, imprisonment for a term of 30 days, and
(iii) for each subsequent offence, imprisonment for a term of 120 days; or
(b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to the minimum punishments set out in subparagraphs (a)(i) to (iii).
Punishment in case of death
320.21 Everyone who commits an offence under subsection 320.13(3), 320.14(3), 320.15(3) or 320.16(3) is liable on conviction on indictment to imprisonment for life and to a minimum punishment of,
(a) for a first offence, a fine of $1,000;
(b) for a second offence, imprisonment for a term of 30 days; and
(c) for each subsequent offence, imprisonment for a term of 120 days.
Conclusion
Impaired driving, or more formally known in law as impaired operation of a conveyance, involves a range in severity of possible charges with each having a range in severity of potential penalties. For any of the impaired driving charges, it is highly recommended that the accused person seek the advice of an experienced lawyer.