Impaired Driving Ontario

Impaired Driving Ontario

Presumably, you’re part of the many people searching to find a solution to an impending “Impaired Driving Ontario” Traffic Ticket problem. If so, then you’ve landed on the right page. The following session, this article delves more into the dangers, causes and ways to overcome your Impaired Driving Ticket in Ontario.

As known, there’s a famous saying that goes, “To err is human.” As a responsible driver, it is possible you’ve broken many traffic rule, including Impaired Driving in Ontario. Though you’re an excellent driver that strives and always mean well; sometimes you’ll inevitably make mistakes on the roads regardless. Whether occasional or unintentional, sometimes breaching a traffic law is unavoidable.  Many of us do well following road safety rules at all times. However, there’re moments where we go out of line for obvious reasons. It’s a human nature to go against the grain depending on the circumstances. We often find ourselves looking around, especially when we think no Traffic Cops are watching. We breach offences such as overspeeding, not wearing a seat belt, using mobile phones while driving, driving under the influence, and so on. Sometimes we’re lucky and gets away with successfully other times we’re not.

Creating Awareness Of Impaired Driving In Ontario

While Driving Under the Influence might seem cool and adventurous to some teenagers and even certain irresponsible adults, people forget the dangers of such practice to society. The adrenaline rush that prevents an intoxicated or Impaired Driver from pumping their brakes puts not only themselves at significant risk but pedestrians and other motorists as well. In most cases, you might have a genuine reason for driving while impaired; you have to be mindful of an Officer arresting you for Driving Under the Influence or DUI or at worse the fatal consequences. It’s vitally important to learn lessons regarding the adverse effects of Impaired Driving and ways to avoid falling victim to such a phenomenon. 

Blood Alcohol Concentration (BAC) As Relates To Impaired Driving Ontario

Today in Canada, the maximum legal blood alcohol concentration (BAC) for fully licensed drivers is to be below 80 milligrams of alcohol in 100 millilitres of blood or 0.08. Setting the BAC to 80mg implies that driving with a BAC of 0.08 or over is a criminal offence. In Ontario, the maximum BAC level is 0.05, and anything above that is punishable by law. Also, the driver does not necessarily have to exceed the legal blood alcohol concentration before an officer charged with impaired driving in Ontario.

Effects Of Impaired Driving In Ontario

Impaired Driving Ontario

Educating the general public and talking about the impact of driving under the influence cannot be overemphasized. Today, one of the leading criminal cause of death in Canada are crashes involving alcohol or drugs, or a combination of both. With an average of up to 4 deaths per day and others injured in alcohol and drug-related motor crashes on public roads.

In the year 2014, a total estimated number of 2,297 lives were lost to road crashes and based on testing of injured drivers, a total of 1,273  (55.3%) of this death resulted from accidents related to impaired driving. 

•   298 deaths occurred in crashes involving people who were positive for alcohol alone
•   619 deaths occurred in crashes involving people who were positives for drugs alone
•   355 deaths occurred in accidents involving people who were positive for both alcohol and drugs 

As presented in the stats, you’ll realize the increasing incidence of driving after drug use with the number of mortalities involving drugs doubling that of alcohol.  It must be of note that the figures only document the presence of drugs or alcohol and does not imply that the people were impaired. 

Generally, the Canadian Authority has zero tolerance for young, inexperienced and commercial drivers. For the young (21 and below) and inexperienced driver (with G1, G2, M1 OR M2 licenses) a BAC of zero is expected, that is, they must not have any presence of alcohol in their blood when behind the wheel. In Ontario, if caught driving with any level of alcohol in your system as an under-aged or inexperienced driver, one will face severe consequences and severe charges. 

Impaired Driving Involving Teens In Ontario

Even with the zero blood alcohol content law for under-aged drivers (21 years and below), teens continue to drive under the influence. From the statistics of MADD Canada, the numbers are alarming. 

•   More 19 year old die or suffer severe injuries in car accidents than all other ages
•   The highest rate of death per kilometer drove among all drivers under 75 is also highest in young Canadians 
•   The statistic in 2009 shows that 16-25 years old made up to over 31% of the alcohol-related motor accidents 
•   The peak season for death and injuries among young impaired drivers is during the summertime, reaching over 31% and 42% respectively. With fatalities and injuries being minimal during winter, arriving around 9% and 12% respectively.

Taking into consideration that teens are more inexperienced with driving, it is a contributing factor to the alarming statistics. A teen driver is at risk of auto crashing since he or she lacks experience than an adult and also falls into higher risk driving while impaired

The ministry prohibits commercial drivers (those with an A-F class license) from having any traits of drugs or alcohol in their blood when operating a motor vehicle. The zero tolerance was put into law for commercial vehicles as of July 1, 2018. 

Impaired Driving As Related To Medical Marijuana In Ontario

In the case of medical Cannabis users, if you are satisfied by a police officer that you are legally certified to use cannabis for medical purpose, you will not be subjected to the Ontario’s zero tolerance drug required for a commercial driver. 

Medical Marijuana Impaired Driving Involving Teens In Ontario

As a novice or an inexperienced young driver, you’ll face criminal charges if an officer finds you driving under the influence of a drug such as Marijuana or any form of a prescription drug. Such type of drugs simulates and affects your judgement when operating a motor vehicle. 

How Do Police Detect Impaired Drivers?

 The Ontario police are equipped and trained to detect impaired drivers and carry out tests if and when necessary. Some of these tests include

1. Standardized Field Sobriety Test 

Here, the Police will be a judge on your ability to drive safely based on a few observations and samples which include

• The physical movement
• Appearance 
• Your answers to questions 
• Whether your car smell of alcohol

2. Breath Testing

A police officer has the power to demand a breath sample whether or not they suspect you of being impaired.

Breath Test

The breath test is used to determine a person’s blood alcohol concentration. Failing the test or refusal to take the test will result in suspension from driving and face the appropriate criminal charges 

• Drug Recognition Evaluation 

Similar to breathe testing, the test helps to determine the type of drug and the level of impairment.

• Approved Drug Screening Devices

An officer is required to demand an oral fluid sample once he or she suspects that a driver is under the influence. If the test is positive, the driver faces impaired-criminal charges

    If a Police officer arrests you and they take you to the police station for further testing. It is advisable to exercise your right and call your lawyer before they make you go through any process of testing. 

Types Of Criminal Offenses Relating To Impaired Driving In Ontario

    Impaired criminal offenses related to alcohol are of three main types. They are;

•   “Over 80.”
•   Impaired driving
•   Refusal to provide a breath, oral or blood sample 

Impaired Driving Ontario – “Over 80.”

    Under the section 253(1)(b) of the criminal code, one can be charged with driving “over 80” if the result of the breath or blood test shows that you had over 80 milligrams of alcohol per 100 mils (0.08) of blood in your body system while behind the wheel. The Police must obtain a breath or blood sample within 2 hours of the time one was believed to be “over 80”. If not, the test is deemed questionable and inaccurate. In certain circumstances, the test could still apply but would require more back-up examinations.

Impaired Driving 

If a Police officer finds you breaching an Impaired Driving law in Ontario, they’ll hit you with impaired driving infraction under the criminal code of section 253(1)(a). Similarly, if a police officer observes alcohol or drugs in your system, they’ll arrest and charge you for DUI. The act of officers checking for DUI stems from suspicion of DUI. They often observe your demeanour, and pieces of evidence like alcohol in the car, your appearance, body language and breath smell. Impaired driving doesn’t necessarily mean one is “over 80”, but as long as there is a change in the overall mental state of a driver, one they’ll charge you with impaired driving.

Refusal And Failure To Provide A Breath Or Blood Sample 

As of December 2018, the new impaired driving law erases the need for any police officer to form a reasonable grounds to demand a breath sample, meaning, mandatory alcohol screening became legal, and as a result, a charge for refusal to provide breath or blood sample is somewhat challenging to defend. Based on the affiliation Traffic Tickets Experts has with top legal experts, we’re always able to work out a deal that works in the best interest of our clients.

What Are The Penalties For Impaired Driving?

 a. The Ontario Highway Traffic Act penalties 

For any fully licensed driver arrested driving impaired with any drug or substances (including over the counter medications) are subject to the same penalties as alcohol-impaired drivers.

b.   Immediate penalties for driving impaired include i.    A 90 days license suspension

1.   An administrative penalty of $550

c.   The Police will impound the vehicle for a week

1.   Compulsory education program

If convicted, additional penalties include

1.   Minimum of three-year suspension for a second offence within ten years
2.   License suspension for at least a year

d.    Lifetime suspension of license for a third offence in 10 years

e.    Enrollment in a compulsory educational program and use of interlock device for one, three or six years

1.   Mandatory medical assessment to verify if you are meeting the Ontario driving requirements

For commercial, the under-aged and inexperienced driver caught driving impaired or with any trace of alcohol and drugs in his or her system, will face an additional fine ranging from $60 – $500.  Additionally, the officers would suspend the driver’s license of the driver for a month.

The Canadian Criminal Code Penalties 

 Section 320.14 of the criminal code, if the court convicts you of convicts of impaired driving, the consequences are

•   A fine of $1000 for the very first offence and a minimum of 1-3 years license suspension 

Imprisonment for a month for a second offence and a minimum of 2 – 10 years license suspension

•   Imprisonment for a term of 4 months for subsequent offence and a minimum of 3 years lifetime suspension 

Concerning insurance, if one is at fault for an automobile accident while being impaired, the insurance policy will not be responsible for the damage to your vehicle, and one might be ineligible to some other benefits.  

Immigration consequences if convicted of impaired driving as a non-Canadian citizen

The amendment to the Canadian criminal code took effect as of December 2018, making impaired driving a more serious criminal offence, with an increased maximum sentence from five to ten years. With impaired driving considered as a severe offence, permanent residents or foreign national can be deemed inadmissible to Canada (following Canada’s Immigration and Refugee Protection Act). Other important implications include

•   Permanent residents losing their status and facing deportation 
•   Inadmissibility won’t resolve with time 
•   A serious sigma of serious criminality 

Never Plead Guilty To Any Charge Of Impaired Driving In Ontario

Generally, it is very tempting to plead guilty to driving under the influence or DUI, especially when you’re hoping that the officer would reduce the penalty. Usually, people who don’t know much about the law opts for such option mainly to avoid court proceedings. Pleading guilty does not exonerate you from the mandatory minimum penalties and not to talk of the criminal record one is going to have. There are lots of technicalities around drug and alcohol-impaired driving charges and so considering legal assistance in fighting this is a good idea. The Traffic Tickets Experts (www.trafficticketsexperts.ca) offer excellent insights and provide lawyers that can help with traffic-related issues

Tips To Avoid Impaired Driving

The idea of going out to have a couple of drinks with friends is not bad. However, it is critical to get back home safely. The tips below outline some measures to take into consideration and avoid driving while impaired by alcohol.

1. In other to get home safely, having a designated driver is a great idea or you may consider using a public transit, calling a friend, a taxi or instead of staying overnight
2. In the case of prescription drugs, asking your doctor about the side effects related to driving when using will go a very long way
3. Avoid combining drugs and alcohol as both can impair your ability to drive more than using either one
4. Always read the information on the package of any prescription drugs including allergy and cold remedies
5. Always drink responsibly 
6. Having adequate rest is utterly crucial as stress and fatigue will also affect your ability to drive 
7. Helping a drunk friend by seizing their keys is also essential.  
8. When throwing a party, offering non-alcoholic beverages; juice, water is also a great idea 
9. Never get pressured drinking alcohol especially when you don’t have an alternative plan to get home safely 
10. It is essential for hosts to cut off the alcohol supply well before the party ends. Doing so will avoid guests getting drunk and trying to drive 

Though Traffic Tickets Experts does well and go the extra mile for clients. When it comes to looking for a solution to traffic tickets problems including “Impaired Driving Ontario,” we often say, “prevention is always better than cure.” As observed, before preparing to set on to operate your car or truck, make sure to measure your alcohol level using a Breathalyzer. If you don’t have any, your best option is to take Uber, a Taxi or ask a friend to drive you.