 | This article's factual accuracy may be compromised due to out-of-date information. The reason given is: The article is missing the significant changes to the law in this area made by Parliament in late 2018. (March 2019) |
In Canada, impaired driving is the criminal offence of operating a motor vehicle while the person's ability to operate the vehicle is impaired by alcohol or a drug. The offence includes having care or control of a motor vehicle while the person's ability to operate the motor vehicle is impaired by alcohol or a drug. Impaired driving is punishable under multiple offences in the Criminal Code, with greater penalties depending on the harm caused by the impaired driving. It can also result in various types of driver's licence suspensions.
There is a related, parallel offence of driving with a blood alcohol level (BAC) which exceeds eighty milligrams of alcohol in one hundred millilitres of blood (.08). The penalties are identical for impaired driving and driving with a BAC greater than .08.
The Criminal Code gives the police and peace officers a number of powers to assist in the enforcement of the applicable laws, and there are a number of presumptions that assist in the prosecution of offences.