DRINKING AND DRIVING
All the Facts
There are basically 4 charges related to impaired operation of a vehicle:
1) Impaired operation of a motor vehicle - This means that the police are alleging that your ability to operate a motor vehicle is impaired by alcohol or drugs.
2) Over 80 Mgs - This is operating a motor vehicle with more than 80 mgs per 100 millimeters of blood. This is usually attached to an Impaired operation charge.
3) Impaired Operation / Over 80 Care and Control - This doesn't require the operation of a motor vehicle. (Being asleep in the driver's seat in the middle of winter with the car running and the heat on fits this charge). The test is whether or not the vehicle could be put in motion. Sometimes even being in the passenger seat can get you convicted.
4) Refuse breath sample - You are required to provide a breath sample for analysis provided the police meet certain conditions. Failing to provide breath samples when you are obligated to carries with it a statutory presumption that you were impaired at the time of operation of the vehicle.
The difference between 1 & 2:
Impaired operation would be the indicia of impairment. Bloodshot eyes, slurred speech, unsteady on your feet, fumbling for your licence, odour of alcoholic beverage on your breath. And the Over 80 is the actual blood alcohol concentration.
Being charged with any of them will cause an A.D.L.S. (Administrative Driver's licence Suspension). This happens whether you will win your case or not and is for 90 days.
There are only 2 grounds to appeal an A.D.L.S. 1 is a mistake in identity. (That it was someone else driving the car) or 2. A medical excuse on a refuse breath sample. If you do not fall into either of these categories, your licence will be suspended for 90 days.
Penalties for these offences are quite serious.
The minimum fine for a first offence is $600. And there is a possibility of jail for up to 6 months. In addition there is a minimum 1 year licence prohibition. You must also complete a ministry Remedial Driving program. And lastly, you have to install a breath screening device in your vehicle. And can only operate motor vehicle with this device installed.
2nd offences carry a minimum penalty of 14 days in jail, and a 3 year driving prohibition. Above conditions apply.
3rd offences carry minimum 90 day jail sentences. Your licence is suspended for life but you can reapply after 10 years