The police charged me with impaired driving – what is impaired driving?
Canada’s Criminal Code has two impaired-driving offences at s. 253: (1) driving when alcohol or drugs impair your ability to operate your vehicle; and (2) driving when you have more than 80 milligrams of alcohol in one hundred millilitres of your blood. The police often use “impaired” or “impaired driving” as shorthand for offence (1) and “over 80” or “over 0.8” as shorthand for offence (2). For example, the police may charge someone with “impaired and driving over 80.”
I am charged with both impaired driving and driving "over 80". Can I get convicted of both?
It depends: do the charges come out of the same incident or event? If they do, then, no, you cannot get convicted of both offences. Instead, if you get convicted of one offence, you are automatically acquitted (found not guilty) of the other offence. A lawyer can advise you on the odds of your being acquitted or convicted of being impaired or of driving over 80.
It cannot be impaired driving if it’s my prescription drugs – right?
No, the meaning of “drugs” in s. 253 of the Criminal Code is wide enough to cover both prescription and non-prescription drugs, and to cover any other chemical that may impair your driving.
What kinds of evidence show that I was impaired by drugs or alcohol?
The court considers physical signs of impairment – for example, glassy, blood-shot or unblinking eyes, unsteady walking, slurred talking, erratic driving, or erratic physical movements. The court may take the smell of alcohol on the breath as a sign of impairment by alcohol. If you are unsure if you had signs of impairment by drugs or alcohol, consult a lawyer.
What kinds of evidence show that I was "over 80"?
The courts consider medical readings of your blood alcohol level. The issue of medical readings of your blood alcohol level is discussed further under the "Measuring Your Blood Alcohol Level".
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