Impaired Driving
The charges of driving while impaired or refusing a breath demand carry mandatory minimum sentences. They are also one of the most common charges that we see, especially amongst individuals with no previous criminal record.
Impaired Driving Offences
The most commonly laid charges relating to impaired driving are (1) simply operating a vehicle impaired to any degree by drugs, alcohol or a combination, (2) that within 2 hours after ceasing to operate a motor vehicle your blood alcohol level or drug concentration level over the legal limit, and (3) refusing or failing to comply with a breath demand.
The Criminal Code makes driving while your ability to operate your vehicle is impaired to any degree by drugs, alcohol, or a combination of both illegal.
What this means is that you can be guilty of impaired driving even without a blood alcohol concentration reading as long as your ability to operate your vehicle is impaired to any degree.
With each of these offences comes with it a mandatory minimum sentence if you are found guilty of the offence.
There are several exceptions and possible defences to each of these charges. The law in this area is complex and technical. It is essential to have a lawyer familiar with these issues assist you with your case.