The Laws for Impaired Driving Offences Have Changed

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The Laws for Impaired Driving Offences Have
Changed

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The laws regarding impaired driving were updated
back in October 2016 to reflect a distinction
between driving under the influence of alcohol
and driving under the influence of drugs. In the
past, the law viewed impaired driving offences as
essentially the same, with little distinctions.

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The changes in the law were primarily made to
differentiate the testing methods to determine
whether a person is impaired and also in regards
to mandatory driver license suspensions. The
penalties for being convicted and found guilty of
either type of impaired driving offence did not
change.

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4
Impaired Driving DrugsIn the past, those
charged with driving under the influence of drugs
did not have their driver license automatically
suspended at the time they were charged.

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Rather, any suspension did not occur until after
the person was convicted and found guilty of the
offence. The recent changes in the laws now
allows for automatic driver license suspensions
if charged with impairment by drugs offence.

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Now, when a driver is stopped by a police
officer, if the officer suspects the driver is
operating the vehicle while under the influence
of drugs, they can require the driver to complete
a sobriety test. If the driver fails the test or
refuses to take it, they can be transported to
the local police station,

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where they will be evaluated by a drug expert to
determine whether they are actually impaired. The
drug expert can demand the person provide a urine
sample for testing. If it is determine there is
impairment from drugs, the persons driver
license is immediately suspended.

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Impaired Driving AlcoholIn regards to
drinking and driving, the mandatory driver
license suspension did not change. If a person is
stopped, fails a field sobriety test, and fails
their breathalyzer or other test to determine
blood alcohol concentration levels,

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their license will be immediately suspended. The
laws do not make a distinction between impaired
driving and refusing to provide a sample. If a
person refuses to provide a sample for suspected
drinking and driving, they will still be charged
with an impaired driving offence.

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Impaired Driving and Over 80When a law
enforcement official demands a person provide a
sample, they are testing the milligrams of
alcohol per 100 milliliters of blood. Many people
assume in order to be charged for drinking and
driving their test results have to be Over 80,

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or greater than 80 mgs per 100 milliliters.
However, the warn range, where a person is
considered legally impaired, is between 50 mg and
80 mg per 100 milliliters of blood. If you test
in this range, you will still be charged for
drinking and driving under the Provincial
Offences Act.

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DISCLAIMER The above content is provided for
informative purposes only and should not be
viewed as actual legal advice. If you have been
charged with operating a motor vehicle while
under the influence of drugs or alcohol,

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  613.863.8595

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it is always in your best interests to seek
advice from a qualified and experienced Ottawa
criminal defense lawyer, like Céline Dostaler.
Call 613.695.8595 now! Source-
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mpaired-driving-offences-have-changed.php

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  613.863.8595