What are DUI Offences?​

This article is a brief and general overview about DUI Offences. A DUI offence is any offence related to driving or operating a motored vehicle whilst under the influence of drugs and/or alcohol as defined under section 320.14 of the Criminal Code of Canada. It should also be noted that DUI offences are also defined under the Highway Traffic Act of Ontario, and as a result, there are separate penalties under the provincial legislation as well. 

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What are the different forms of impairment in Canada?

When operating/driving a motored vehicle, there are 4 main types of impairment: 

1. Alcohol Impairment

2. Cannabis Impairment

3. A combination of Alcohol & Cannabis Impairment 

4. Impairment caused by controlled drugs (such as Cocaine, methamphetamines, or PCP...)

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What are the prohibited levels of impairment in Canada?

In Canada, the prohibited blood-alcohol concentration (BAC) is 80 milligrams (80 mg) or more of alcohol per 100 millilitres (100 mL) of blood.

 

Similarly, in order to test for Cannabis impairment, the Criminal Code measures this impairment by measuring the amount of THC, which is the primary psychoactive ingredient within Cannabis. The level of THC concentration in a driver's blood is also measured as a blood concentration. It is also important to note that there are 2 prohibited levels for Cannabis use;

1. If a driver has between 2 to 5 nanograms (ng) of THC per 1 mL of blood

2. If a driver has 5 nanograms (ng) or more per 1 mL of blood. 

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If a driver's THC concentration falls under the second category, it is more severe, and thus, can result in a more severe penalty. 

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In cases where Cannabis and alcohol are found in combination of one another within an individual's blood concentration, the prohibited levels are 50 mL of alcohol per 100 mL of blood, and 2.5 ng of THC per 1 mL of blood. 

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It is also important to note that if a driver has any detectable amounts of LSD, heroin, cocaine, ketamine, methamphetamine, PCP, or any other controlled drug within their blood concentration, they can be charged with a DUI offence as well as a Drug-related offence. 

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What if a driver refuses to provide a breathalyzer or blood test sample to the police? ​

Most DUI charges originate from either a traffic stop or a RIDE check. If an officer smells alcohol, views an open container of alcohol, or notices signs of impairment, then they may ask for a breathalyzer test or perform a field sobriety test. If a driver fails or refuses to provide a breathalyzer or field sobriety test, then they will be arrested and tested at the police station. 

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What are the legal elements needed to prove a DUI offence?​

For every criminal case, the Crown must prove at least 4 things: 

1. Identity: The Crown must prove that you are the person who committed the crime. 

2. Jurisdiction: You are being charged in the correct court. 

3. Date: The Crown must prove the date when the crime took place when the police say it did. 

4. The elements of the Crime. 

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In this case, the Crown must prove one of the following elements of a DUI offence:

a) That you (the accused) have too much alcohol, cannabis, or other drugs in your blood

b) Your ability to drive is even slightly affected by alcohol and/or drugs.

c) You refused to provide a breath sample to check for alcohol or a body-fluid (blood) sample to check for drugs

d) You did not blow into a breath machine properly, and thus, did not provide an accurate sample. 

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What are some possible defences for a DUI offence? 

Some of the most common defences for DUI offences include arguing that your charter rights were violated (and thus, the case should be dismissed); the breathalyzer was faulty or testing procedure was flawed; there was a medical explanation for your signs of impairment; or that you were not in care and control of the vehicle. ​

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What are the penalties for DUI offences? ​

Since DUI offences violate two different legislatures (laws), there are two separate penalties an individual can face. 

Under the Ontario Highway Traffic Act, individuals will face administrative penalties whereas under section 320.14 of the Criminal Code of Canada, individuals will be charged with a criminal offence for impaired driving. Individuals who drive whilst impaired will face penalties under both laws. 

 

Under the Ontario Highway Traffic Act, for a first time offence, individuals will face a minimum licence suspension of 1 year; and must attend a mandatory education program, and a 1 year ignition interlock program. For individuals who are facing a second DUI offence, they will face a licence suspension for at least 3 years; and must attend a mandatory education program, and a 3 year ignition interlock program. If an individual is facing their third DUI offence, then the penalties are very severe. After a third DUI conviction, individuals will face a lifetime driving suspension; and must attend a mandatory education, and a 6 year ignition interlock program. 

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Furthermore, under section 320.14 of the Criminal Code of Canada, individuals who commit a DUI related offence for the first time face a mandatory minimum fine of $1,000. For the first offence, the maximum penalty is 10 years imprisonment. For a second DUI offence, an individual will face a mandatory minimum sentence of 30 days, and could also possibly face a maximum penalty of 10 years imprisonment. If an individual commits a DUI related offence for a third time, then the penalties become the most severe, with a minimum mandatory sentence of 2 months jail, and possible maximum of 10 years imprisonment. It is also important to note that if as a result of the DUI related offence, the driver causes bodily harm to someone else, or causes the death of another person, then the severity of the offence increases, which in turn, can result in harsher mandatory minimum sentences and more severe penalties. 

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Common FAQs: ​​

1. What do you do if you have been charged with a DUI related offence? ​

If you have been charged with a DUI related offence by the police, first contact us. Once retained, Shankar Law Office will continue to advise and guide you so that you can receive the best legal defence for this charge. 

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