Impaired Driving
The charge of impaired driving is defined as the operation of a “conveyance” while the person’s ability to operate it is impaired by any degree by alcohol and/or drugs. A conveyance is defined as a motor vehicle, vessel, aircraft or railway equipment. This broad definition serves to encapsulate many different forms of transportation that one may operate, such as the electric scooters seen around Edmonton and Calgary.
The charge of impaired driving does not require that the prosecutor prove that your blood alcohol level was above the legal limit, instead, they must prove:
- You were either operating, or had care and control, of a conveyance;
- That your ability to operate the conveyance was impaired; and
- That alcohol or drugs caused your impairment.
Since the finding of guilt does not rely on a reading from a Breathalyzer, the Court will often considering a number of factors, such as visible indicators of impairment (such as slurred speech and glossy eyes) and even statements you may have made to police.
Over 80
If you are charged with an “over 80”, you have been charged with operating a “conveyance” with a blood alcohol concentration that is equal to or above 80mg of alcohol in 100ml of blood.
In 2018, parliament made many changes to the Criminal Code regarding drunk driving, including the ability for police to demand samples of your breath or blood, and also provided limits on the amount of drugs allowed in your body. The law was also changed allow police to lay charges if someone is found to have a blood alcohol concentration above the legal limit within two hours of driving.
When You Are First Charged
If you have been charged with impaired driving, you will be subject to the Alberta Administrative License Suspension (AALS) for 90 days, followed by a one year driving suspension. During this one year suspension, you can apply to the Ignition Interlock Program. AALS is a separate driving suspension than if you are convicted of the charge. As such, if you have been charged with impaired driving, it is important to call our office as soon as possible at 780-686-7948 so that all options may be explored during the administrative appeal window.
What You Can Expect
Impaired driving is a very technical charge, meaning that even if you have “blown over”, you may not be found legally guilty. Police are required to follow procedure without violating your rights as protected in the Canadian Charter of Rights and Freedoms.
If you have been charged with a drunk driving related offence, it is important to call us right away at 780-686-7948. A criminal conviction will result in a criminal record, fine and driving suspension. Depending on the facts of the incident, and if you have previous impaired driving convictions, you may be at risk serving a jail sentence.
Even after sentencing is complete, you could also face challenges in obtaining or retaining your employment. If you are not a Canadian citizen, you could face additional immigration consequences.
Facing a drunk driving charge can be intimidating, but Mr. Ziv will assess the case against you and will work with you to obtain the best possible result available to you, whether that is a withdrawal of the charge, a reduction at sentencing or even a full acquittal at trial.
