Driving Offences

In Canada, impaired operation of a motor vehicle refers to operating a vehicle, such as a car, truck, boat,
snowmobile, or aircraft while your ability to do so is impaired by alcohol, drugs, or a combination of both.
This offence is governed primarily by the Criminal Code of Canada.

Impaired operation means driving, or having care or control of a conveyance, while your ability is
compromised due to alcohol, drugs, or both. Impairment can be observed through physical signs or
detected through tests. The law applies even if you are not actively driving but have care or control of a
conveyance.

The Criminal Code of Canada sets a blood alcohol concentration (BAC) limit of 80 milligrams of alcohol
per 100 millilitres of blood. Driving with a blood alcohol concentration (BAC) at or above this level is a
criminal offence.

Police can demand roadside samples, from an Approved Screen Device (ASD), if they have a reasonable
suspicion of impairment. In addition, the police can conduct Standardized Field Sobriety Tests (SFST) or
Drug Recognition Evaluations (DRE). Considering the circumstances of the matter, blood tests may be
required for precise measurement of alcohol or drug levels. A blood sample may only be sought if the
officer believes that the person may be incapable of providing a breath sample by reason of his or her
physical condition, or it would be impractical to obtain a breath sample in all the circumstances.

Penalties depend on whether it’s a first, second, or subsequent offence and whether it’s prosecuted as a
summary or indictable offence. Penalties may include, but are not limited to:

Criminal Penalties

First Offence: Minimum fine of $1,000, up to 2 years less a day imprisonment if the Crown prosecutes summarily or up to 10 years imprisonment if the Crown prosecutes by indictment, and a driving prohibition
Second Offence: Minimum 30 days imprisonment and a driving prohibition
Subsequent Offences: Minimum 120 days imprisonment and longer prohibitions

Administrative Penalties

Additional Consequences

Penalties depend on whether it’s a first, second, or subsequent offence and whether it’s prosecuted as a
summary or indictable offence. Penalties may include, but are not limited to:

Over 80 is a criminal offence under Section 320.14(1)(b) of the Criminal Code of Canada. It refers to
operating a conveyance with a blood alcohol concentration (BAC) exceeding 80 milligrams of alcohol per
100 milliliters of blood. This is distinct from impaired driving, which focuses on observed impairment, as
Over 80 is strictly about exceeding the legal blood alcohol concentration (BAC) limit, regardless of
whether impairment is visibly evident. Over 80 applies to all conveyances including cars, trucks, boats,
snowmobiles, and ATVs

Police may demand a roadside breath test using an Approved Screening Device (ASD) if they have a reasonable suspicion of alcohol consumption. If the roadside test indicates a blood alcohol concentration (BAC) exceeding 80 milligrams of alcohol per 100 milliliters of blood, the driver may be arrested and taken to a police station for further testing on an Approved Instrument, such as a breathalyser. The Approved Instrument provides results which may be evidence for the charge.

Penalties depend on whether it’s a first, second, or subsequent offence and whether it’s prosecuted as a summary or indictable offence. Penalties may include, but are not limited to:

Criminal Penalties

First Offence: Minimum fine of $1,000, up to 2 years less a day imprisonment if the Crown prosecutes summarily or up to 10 years imprisonment if the Crown prosecutes by indictment, and a driving prohibition
Second Offence: Minimum 30 days imprisonment and a driving prohibition
Subsequent Offences: Minimum 120 days imprisonment and longer prohibitions

Administrative Penalties

Additional Consequences

Failure to provide a sample or a refusal to provide a sample is a criminal offence under Section 320.15 of the Criminal Code of Canada. This offence occurs when a driver refuses or fails to comply with a lawful police demand to provide a breath sample to determine blood alcohol concentration (BAC) or blood drug concentration (BDC). The charge is treated as seriously as impaired driving or Over 80 offences, with similar penalties under both the Criminal Code of Canada and Highway Traffic Act.

An individual may be charged with failure to provide a sample when the individual refuses to provide a breath sample into an Approved Screening Device (ASD) at the roadside or an Approved Instrument, such as a breathalyser, at the police station. An individual may further be charged with failure to provide a sample when the individual refuses to provide an oral fluid sample for drug screening or a blood sample for alcohol or drug testing. Failure to provide a sufficient sample without a reasonable excuse, such as a medical condition may also lead to failure to provide a sample charge. Refusal can occur during a roadside stop or at a police station after a lawful demand by an officer.

Refusing to provide a sample may be seen as obstructing law enforcement’s ability to enforce impaired driving laws, which are designed to protect public safety. The Criminal Code of Canada assumes that refusal often occurs to avoid detection of a blood alcohol concentration (BAC) or blood drug concentration (BDC) above legal limits, hence the penalties are as severe as, or harsher than, those for over 80 or impaired driving.

Penalties depend on whether it’s a first, second, or subsequent offence and whether it’s prosecuted as a
summary or indictable offence. Penalties may include, but are not limited to:

Criminal Penalties

First Offence: Minimum fine of $2,000, up to 2 years less a day imprisonment if the Crown prosecutes summarily or up to 10 years imprisonment if the Crown prosecutes by indictment, and a driving prohibition
Second Offence: Minimum 30 days imprisonment and a driving prohibition
Subsequent Offences: Minimum 120 days imprisonment and longer prohibitions

Administrative Penalties

Additional Consequences

Failure to stop at the scene of an accident, generally known as "hit and run", is an offence under Section 320.16 of the Criminal Code of Canada and Section 200(1)(a) of Ontario’s Highway Traffic Act. There is no legal obligation under the Criminal Code of Canada to remain at the scene of an accident involving only a single motor vehicle, provided that no injuries have occurred to any passengers of that vehicle. The Criminal Code mandates a driver to stay at the scene of an accident only if another person, passenger, or vehicle was involved. This offence occurs when a driver involved in a collision fails to stop, provide required information, or offer reasonable assistance, with the intent to avoid civil or criminal liability. The charge applies to accidents involving another vehicle, property damage, or injury/death to a person.

Under section 320.16 of the Criminal Code of Canada, a driver involved in an accident is personally required to stay at the scene, provide assistance, and share required information as mandated by law. This responsibility typically cannot be transferred to others, such as a passenger, unless there is a valid and compelling reason for leaving without providing the necessary details. In certain cases, where there is no occupant in the other vehicle, there is still an obligation for the driver to stop and make efforts to locate the driver or leave their personal information. Failing to stop and make such efforts could result in a failure to stop at the scene of an accident charge.

For more information relating to failure to stop at the scene of an accident and other driving related
offences, contact us now for a confidential consultation.

Dangerous operation of a motor vehicle is a criminal offence under Section 320.13 of the Criminal Code of Canada. This offence involves operating a conveyance in a manner that is dangerous to the public giving consideration to the circumstances, including the nature, condition, and use of the place where the vehicle is operated, and the amount of traffic present. The offence focuses on the manner of driving, not the consequences, though consequences like injury or death can increase penalties. The offence applies to driving that departs significantly from the standard of a reasonable driver, even if no accident occurs.

The prosecution must prove the driver operated the vehicle in a manner dangerous to the public, the driving was a marked departure from the standard of care expected of a reasonable driver in similar circumstances and the driver had a culpable state of mind such as recklessness or wilful disregard for safety.

Dangerous operation of a motor vehicle can result in imprisonment of up to five years. Dangerous operation of a motor vehicle cause bodily harm or death can result in imprisonment of up to fourteen years.

In addition to criminal penalties, the Highway Traffic Act may impose administrative consequences for dangerous driving.

For more information relating to dangerous operation of a motor vehicle charges and other driving related offences, contact us now for a confidential consultation.

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