What are the Different Types of Impaired Driving/DUI/Drunk Driving Offences?

All the different types of drunk driving offences are outlined in section 253 of the criminal code. This section makes it an offence for a person to operate or have “care and control” of a motor vehicle while s/he is impaired.

This section also states that it is an offence for a person to operate or have “care and control” of a motor vehicle if there is more than eighty milligrams of alcohol in every hundred millilitres of his/her blood.

What Does it Mean to Have “care and control” of a motor vehicle?

Whether or not someone has care and control of a motor vehicle is determined on a case by case basis. If a person is found to be in the driver’s seat of a vehicle they are presumed to be in care and control of that vehicle.

In order for an impaired person to be found guilty of having care and control of a vehicle, the prosecutor must show that that person deliberately did something that had a risk of putting the vehicle in motion in a situation that the vehicle would be a danger to the public.

What is the Legal Definition of Impairment?

The law states the slightest bit of impairment will be enough for a person to be found guilty of this offence. Also impairment is only in relation to a person’s ability to drive and not necessarily how intoxicated they are.

Proof of impairment of a person’s ability to do other things is not necessarily proof of impairment to drive.

Did you Know?

You can also be charged with impaired driving if the impairment is as a result of a drug?

Take the Next Steps

Lakin Afolabi is a DUI, drunk driving and impaired/over 80 lawyer in London, Ontario. He obtained acquittals for individuals charged with with DUI and drunk driving offences in Southwestern Ontario. If you or someone you know is charged with a drunk driving offence call him for a case evaluation.

Lakin Afolabi LPC blog material is screened for authenticity as of the date of posting and accurately reflects the law to the best of our knowledge. Because the nature of the legal landscape is ever-changing we do not guarantee the future accuracy or completeness of this blog material past the date of posting. This material is not a replacement for advice received from our team of legal professionals. Any action you take upon the information on this website is strictly at your own risk.