DRIVING UNDER THE INFLUENCE OF DRUGS OR ALCOHOL (Section 320.14 of the Criminal Code)
Context
After a night out with your friends, when leaving your Christmas party or after a Hockey game, you decide to drive your car to go home and are intercepted by a police vehicle.
The policemen note that your speech is slurred, your eyes are slightly glazed and a distinct scent of alcohol accompanies your breath.
You are asked to submit yourself to an approved screening device (“ASD”). The result shows on the screen… FAIL.
You are placed under arrest for driving under the influence, your car needs to be towed and you are brought to the police station to provide the authorities with a sample of your breath. The results show that your blood-alcohol level is over 80 milligrams per 100 milliliters of blood. The policemen ultimately release you with a promise to appear before the court and your driver’s licence is suspended for 90 days.
Consequences of driving under the influence
A conviction for driving under the influence will undoubtedly give you a criminal record. This may have dire consequences on your employment, your ability to travel or even your requests with respect to immigration.
The infraction of driving under the influence includes a statutory minimum sentence which consists of a 1000$ fine and a prohibition to operate any vehicle in Canada for a year.
When the blood-alcohol levels are particularly high, the minimum fine can vary between 1500$ and 2000$. There are also additional sanctions is the driving of the vehicle under the influence resulted in bodily harm or death.
Considering these consequences and the general complexity of a driving under the influence case, it is always better to consult an attorney in order to get a better view of the situation and take better decisions.