Home » Is a DUI a Criminal Offence in Canada?

DUI (driving under the influence) is a term primarily used in the U.S. In Canada, it is legally called driving while impaired. Whatever you choose to call it, driving while drunk or high on drugs is both dangerous and potentially criminal. It is one of the three major contributing factors to vehicular accidents in all thirteen provinces and territories. Speeding and distracted driving caused more accidents overall, but driving while impaired caused more fatalities than either of those.

According to a report by Public Safety Canada, “Despite significant declines over the past 30 years, impaired driving, whether by alcohol or drugs, continues to kill or injure more Canadians than any other crime. It also remains the most important factor contributing to serious road crashes.”

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What is a DUI in Canada?

A DUI means that you are operating (have care and control) a vehicle when your ability to do so is impaired by alcohol or drugs. These substances can inhibit judgement and cause problems with attention, reaction time, coordination, and decision-making skills, thereby increasing the chances of causing a serious or even fatal accident.

The first charge of impaired driving goes back to 1920, when an Alberta appeals court found that “driving while intoxicated” was illegal and could also be tied to a manslaughter charge.

Since then, the laws have become more stringent and now include more than just alcohol, but also illegal and legal drugs, including cannabis (marijuana or “pot”), which became legal for adults in 2018.

Is DUI a criminal offence?

Canada’s criminal code now takes a “zero tolerance” approach to impaired driving. Moreover, the penalties for a conviction can be severe. In general, you may be facing a DUI charge under these circumstances:

Your blood alcohol concentration (BAC) is 0.08, meaning you are a “fully licensed” driver and have 80 milligrams of alcohol per 100 millilitres of blood. Fully licensed means you are at least 18 and have completed 24 months of probationary driving.

In Alberta, you could also face a provincial impaired driving charge if your BAC is 0.05 and 0.079.

Driving while high on cannabis is impaired driving. Federally, you are driving impaired if your THC per millilitre of blood is between 2 and 5 nanograms.

Any drug or medication, whether over-the-counter or prescription, which causes you to drive in an impaired state can result in a federal and/or provincial criminal charge.

By the way, what applies to motor vehicles on the road also applies to watercraft. Yes, you can be arrested for impaired driving if you are in the care and control of or otherwise operating a boat while under the influence of alcohol or drugs.

Can the police pull you over if they suspect you are driving while impaired?

Yes. According to Canada’s Criminal Code 320.27 Section 320.27(1), “If a peace officer has reasonable grounds to suspect that a person has alcohol or a drug in their body and that the person has, within the preceding three hours, operated a conveyance, the peace officer may, by demand, require the person to comply with (certain) requirements…”

These requirements include that if you are stopped for suspicion of impaired driving, you will be asked to submit to one or more of the following:

  • Perform a physical coordination test (Standard Field Sobriety Test, or SFST) as “prescribed by regulation.”
  • Immediately provide a breath sample “to enable a proper analysis to be made using an approved screening device.”
  • And “immediately provide the samples of a bodily substance that, in the peace officer’s opinion, are necessary to enable a proper analysis to be made using approved drug screening equipment and to accompany the peace officer for that purpose.”

Can you refuse a breath test?

A breath test is a common way to detect BAC levels and is mandatory if the police have stopped you for impaired driving. If the peace officer has an approved screening device (such as a breathalyzer) in his or her possession, you should immediately submit to the test.

If drugs are suspected, the police may also demand an oral fluid sample for analysis by an oral fluid drug screener device. A result that is positive for the presence of a drug, along with telltale signs of drug use such as agitation, red eyes, slurred speech or tremors, may be grounds for additional investigation, including a blood sample.

Also note that if you are a driver who is lawfully stopped, the officer can demand that you provide a preliminary breath test, even if the officer does not have reasonable suspicion that you have an above-the-legal alcohol limit in your body. Failure to submit to the breath test is, in and of itself, a criminal offence.

What happens if you are convicted of a DUI?

Impaired driving offences are considered high-risk driving behaviours and are taken seriously. As such, the penalties for a conviction can be severe. Penalties depend on the severity of the act:

  • For an Immediate Roadside Sanction (IRS), you will receive a Notice of Administrative Penalty and have your license suspended or disqualified. If you are a “repeat offender,” the penalties become increasingly severe
  • An IRS WARN penalty occurs when your BAC is between 0.05 and 0.079, or you fail a breath and/or STFS.
  • A first offence incurs a 3-day unconditional driver’s license suspension; your vehicle is seized for three days, and you will be fined $300 plus a 20% victim fine surcharge.
  • A second offence means a 7-day unconditional driver’s license suspension, a 7-day vehicle seizure, a $600 fine plus the 20% victim fine surcharge, and remedial education.
  • A third offence will have you facing a 30-day unconditional driver’s license suspension, a 7-day vehicle seizure, a $1,200 fine plus a 20% victim fine surcharge, remedial education
  • IRS FAIL penalties are levied if your BAC is above 0.08, if you refuse drug or alcohol testing or if you fail a drug recognition test.
  • First offence: 90-day unconditional license suspension; a further 12-month suspension during which you may operate a vehicle that has an interlock device (choosing not to participate in the Ignition Interlock Program means you cannot legally drive for 12 months); successful completion of the Planning Ahead course; 30-day vehicle seizure; $1,000 fine plus 20% victim fine surcharge
  • Second offence: 90-day unconditional license suspension; 36-month suspension under the interlock device program, during which you may drive a vehicle with the interlock device (refusal to do so means you cannot legally drive for 36 months); successful completion of the Impact Program; 30-day vehicle seizure; a $2,000 fine plus 20% victim fine surcharge
  • Third or subsequent offence: 90-day unconditional license suspension; a further lifetime suspension under the interlock device program, during which you may drive a vehicle for a vehicle with the interlock device (refusal to do so means you cannot legally drive); 30-day vehicle seizure; $2,000 fine plus 20% victim fine surcharge. You may apply for reinstatement of your driver’s license and removal of the interlock device after ten years of successfully meeting eligibility criteria.

Criminal-level driving-while-impaired charges may incur more than fines, impounded vehicles, and completion of required classes. They can also include imprisonment, especially when there is an excessively high amount of alcohol or drugs in your system, causing bodily harm or, in the worst of all cases, death. Here are just a few examples:

  • For any detectable level of LSD, cocaine, ketamine, PCP, meth, psilocin, psilocybin or 6-mam: A maximum sentence of up to 10 years imprisonment
  • For impaired driving causing bodily harm: Maximum two years in prison less than a day for a summary conviction and a maximum of 14 years imprisonment for an indictment
  • For impaired driving causing a fatality: Maximum penalty of life imprisonment for an indictment

What are the other implications of a DUI conviction?

An impaired driving conviction affects many areas of your life—from your ability to legally drive to work or the grocery store to your relationships with family and friends. It will increase the cost of your car insurance premiums and may jeopardize your current job and future employment opportunities.

A conviction of driving while impaired goes on your criminal record through the Canadian Police Information Center (CPIC) system and will be visible to authorized users

It stays on your record unless you apply for a “pardon,” a record suspension. Getting a record suspension for a DUI conviction starts with applying to the Parole Board of Canada (PBC). This entity decides whether you can have your impaired driving conviction removed. You need to take several steps to get a DUI conviction off your record, and skipping any of them, missing deadlines, or failing to gather all required proof and documentation can cause your application to be delayed or denied. The criminal defence lawyers at Chadi & Company can take that burden off your shoulders to help ensure the process goes as smoothly and quickly as possible.

How can I contest a DUI charge?

Given the consequences of an impaired driving conviction on your relationships, your finances, your employment, your ability to travel and even your freedom, it is in your best interest to fight DUI charges. The best way to ensure that your rights are protected is to work with lawyers with extensive experience defending against impaired driving charges. We challenge evidence and chain of custody for test results. We determine if the police violated your Charter rights or failed to follow proper procedures. We look for weaknesses in the prosecution’s argument and leverage those against them.

If you have been arrested for and charged with a criminal DUI or, issued a Notice of Administrative Penalty, your most important first step is to get help from the legal team that will fight for your rights.

Don’t face a DUI charge alone.

With more than 30 years of experience helping people in Edmonton and throughout Alberta defend against charges of driving while impaired, the team at Chadi & Company understands how a DUI conviction can impact your life. To learn more about what we can do for you and to tell us about your needs and concerns, please call us at (780) 429-2300 to schedule an online or phone consultation.

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