In British Columbia, impaired driving offences are governed by the Criminal Code of Canada. If you’re charged with impaired driving under the Criminal Code, you face significant penalties, including a criminal record, fines, driving prohibitions, and even jail time. This refresher provides an overview of the key offences, penalties, and what you can expect if you are charged.
Impaired Driving Offences
The main impaired driving offences under the Criminal Code include:
– Impaired Driving (s. 320.14(1)(a)): This occurs when someone operates a conveyance while their ability to do so is impaired by alcohol or drugs. The term “conveyance” under the Criminal Code is broader than just vehicles; it includes other modes of transport such as boats, aircraft, and railway equipment. However, almost all impaired driving cases involve vehicles. Impairment does not need to be severe, as even mild impairment can lead to charges.
– At or Over 80 (s. 320.14(1)(b)): Having a blood alcohol concentration (BAC) of 80 mg or more of alcohol per 100 ml of blood within two hours after operating a conveyance is a criminal offence. A breathalyzer or blood test is typically used to gather evidence for this offence.
– Refusal to Provide a Sample (s. 320.15): Refusing a lawful request from the police for a breath, blood, or sobriety test is a criminal offence and carries the same penalties as impaired driving, except the minimum fine for refusal is $2,000.
Penalties Under the Criminal Code
The penalties for impaired driving under the Criminal Code are more severe than those under the provincial IRP system, and they increase with each conviction.
a. First Offence
– A minimum $1,000 fine for impaired driving, and a $2,000 fine for refusal to provide a sample.
– A mandatory driving prohibition of at least one year.
– Potential for higher fines and additional penalties depending on the circumstances.
b. Second Offence
– A minimum 30-day jail sentence.
– A three-year driving prohibition (by operation of the BC Motor Vehicle Act).
c. Third and Subsequent Offences
– A minimum 120-day jail sentence.
– Longer driving prohibitions, (lifetime driving prohibitions by operation of the MVA).
– Harsher penalties, including higher fines and mandatory participation in rehabilitation programs.
Refusal to Provide a Breath Sample
Refusing to comply with a demand for a breath sample carries the same penalties as impaired driving, except for the mandatory $2,000 minimum fine. Refusal can also lead to a criminal record, which can affect travel and employment opportunities, and will include:
– A minimum $2,000 fine.
– A mandatory driving prohibition of at least one year.
– Potential for higher fines and additional penalties depending on the circumstances.
Criminal Charges and the Court Process
If charged under the Criminal Code for impaired driving, your case will proceed through the court system, which can involve several steps, including arraignment, trial, and sentencing. Evidence such as breathalyzer results, witness testimony, and police reports will be critical in determining the outcome. A conviction leads to mandatory penalties, including fines, jail time, and prohibitions.
Challenging a Criminal Charge
Unlike the IRP system, criminal charges involve a more formal process in which the accused can present a defense in court. Common defences include:
– Challenging the legality of the breath or blood test (e.g., was it lawfully conducted?).
– Raising Charter of Rights arguments, such as violations of the right to counsel or unreasonable search and seizure.
– Reasonable doubt on essential elements.
A skilled defence lawyer can help you navigate the legal process and work to reduce penalties or even have charges dismissed.
Recent Legal Developments
Impaired driving law is always changing. Defences that were successful only a few years ago may not apply today, and new cases are creating new defences nearly daily. Some recent case law has clarified the application of impaired driving laws in several areas:
– R. v. Breault (2023): Clarified that roadside demands for breath samples must be carried out “immediately” without delay unless exceptional circumstances exist.
– R. v. McColman (2023): Despite unlawful roadside detention, breathalyzer results were deemed admissible because of their reliability and importance to the case.
Consequences of a Criminal Record
A conviction for impaired driving under the Criminal Code results in a criminal record, which can have long-lasting consequences. A criminal record may:
– Affect employment opportunities.
– Restrict international travel, especially to the United States.
– Increase your insurance premiums.
The long-term impact of a criminal record makes it critical to seek legal advice if you are charged with impaired driving.
What To Do Next
If you’ve been charged with impaired driving under the Criminal Code in British Columbia, understanding your rights and options is crucial. A conviction can result in fines, driving prohibitions, jail time, and a criminal record, which can affect many aspects of your life.
Don’t face this alone. We are very experienced in defending impaired driving charges. We research new and developing issues, teach other lawyers and work hard each day to defend our clients. We will work to minimize the impact on your life. Contact our team for a consultation.
Call, text, or email us today to get started. Time is of the essence when defending against a Criminal Code offence. We’re here to help you navigate the legal system and protect your future.