Impaired Driving is also referred to as Driving Under the Influence (DUI) or Driving While Intoxicated (DWI). Impaired Driving is the term most often used in Canada to refer to several alcohol-related driving offences such as:
-Driving Over the Legal Limit, also referred to as Over 80 or Over.08
-Refusal to Provide a Breath Sample,
-Failure to Provide a Breath Sample
-Care and Control While Impaired.
If serious injuries have occurred as a consequence of driving under the influence, the charges may be upgraded to:
-Impaired driving, Causing Bodily Harm
-Impaired Driving, Causing Death.
Impaired Driving Charge
This charge is separate and is often charged alongside a charge of at or over .08. The prosecution must prove:
-That you utilized or had the control of a motor vehicle
-That your ability to operate that motor vehicle was reduced
-That your impairment was caused by alcohol or drugs
To find you guilty of impaired driving, the prosecution need only prove that your ability to drive was slightly impaired by either Alcohol, Drugs, or a combination of both. Judges will generally look at the following types of evidence:
-The smell of alcohol on your breath
-Your driving pattern
-Your pattern of speech
-Your balance while standing or walking
-Your hand/eye coordination
Bail Conditions for Impaired Driving Charge
It is rare for the police to impose release conditions on someone charged with impaired driving. Only if this is your second offence, there is no need for restrictions such as not allowing you to be behind the wheel of a motor vehicle or abstain from drugs/alcohol.
Defending Impaired Driving Charges
A.R.E. Law will review your case inside and out for any defences or breaches of your constitutional rights that may result in the charges getting dismissed.