It is considered one of the most serious criminal offenses that are easily preventable in Canada, and so much more severe consequences may befall one rather than just having to pay a mere fine. Despite continuous public awareness campaigns and stringent laws, thousands of individuals are still arrested and charged with impaired driving across the country each year. Understanding the legal framework, the immediate and long-term repercussions, and the societal impact of this dangerous act is crucial for every Canadian.
The fight against impaired driving in Canada is based on the Criminal Code of Canada, which prohibits operating a conveyance (cars, boats, aircraft, off-road vehicles, etc.) while impaired to any degree by alcohol, drugs, or a mixture of both. It also includes particular offences for that person registering or being found to have a blood alcohol concentration (BAC) of 0.08% or higher, or prohibited blood drug concentrations, within two hours of driving. Moreover, in 2018, Canada introduced Mandatory Alcohol Screening (MAS), which permits police officers to demand a breath sample from any individual stopped lawfully, without the need to have a piece of suspicion that impairment may have occurred. These enhanced police powers are a reflection of the commitment to deterrence of impaired driving and increased road safety.
A complex and immediate legal procedure begin the moment one is arrested and charged for impaired driving. Standard procedure at the roadside would be to carry out screening and Standard Field Sobriety Tests at the active scene. If the suspicion of impairment arises, they arrest the driver and host him/her in at the station for further tests, usually an Approved Instrument Breathalyzer test or demand for a bodily fluid sample (blood or urine) for drug analysis. At this stage, the accused has a right to remain silent and a right to lawyer consultation without any delay. These rights should be exercised every time. Refusing to comply with a demand for a sample can lead to the same or, in some cases, harsher penalties than a judgment meted out for impaired driving itself.
The consequences from impaired driving are very harsh and designed to punish the offender and deter others. First-time offenders who receive a guilty verdict are given mandatory minimum fines of $1,000 in addition to the mandatory minimum one-year prohibition from driving on a provincial or territorial basis. Penalties would then grow harsher with succeeding offences with jail sentences of 30 days for a second offence and 120 days for the third or any subsequent offences.
In addition to these federal criminal sanctions, provincial administrative sanctions arise. These may involve immediate license suspension (e.g., 90-day suspension in a majority of provinces), vehicle seizures, requirements for alcohol education or treatment courses, and installation of ignition interlock devices on one's vehicles for a specified time upon license reinstatement. The all-in cost derived from such programs, fined its heavy costs, plus skyrocketing insurance premiums lay a gigantic financial burden on the defaulter.
Conviction of impaired driving extends from its legal and financial convictions to a criminal record capable of severe personal and professional repercussions. Jobs become very difficult to obtain, ability to travel internationally becomes a close-to-impossible feat (especially to the United States), and professional licensing in certain cases comes to a halt. Most o the impaired driving carries the risk of bodily harm or death. One imposition can rise up to 14 years imprisonment when serious injury is caused by an impaired driver; life imprisonment is the maximum sentence when death is caused. These are further tragic consequences that reflect the grim human toll of impaired driving, leaving an impact wretchedly for years upon victims, their families, and the community at large.
Hence, it is a vital matter for responsible choices to be made. Some of the simple steps that can prevent impaired driving and save a life from being changed forever include arranging for a designated driver, using a ride-sharing app, taking public transit, or even staying at the place of a friend or family member. Educating the public about this phenomenon, increasing awareness in relation to the subject, and a combined effort toward road safety will surely make Canadian roads better for everyone.
