Impaired driving, DUI, DWI, over 80… What does it all mean?

The law surrounding operating a motor vehicle while impaired by alcohol or drugs in Canada is extremely complex. There are several different charges which could be laid stemming from the same driving event. Understanding the terminology involved is the first step in navigating your charges.

Impaired driving is the term used to describe driving while under the influence of alcohol or drugs. It is a common misconception that impaired driving and over 80 are the same offence. However, they are two separate offences. An impaired driving charge can be laid if someone operates a vehicle while impaired by alcohol or drug. There must be sufficient indicia (indicators) of impairment to support this charge. A charge of over 80 can be laid if a breath test or blood sample shows that you were operating a vehicle with a blood alcohol concentration of over 80 mg per 100 ml of blood.

Impaired driving cases are extremely technical in nature and can be confusing at times. If you’ve been charged with impaired driving and/or over 80 you need to seek legal advice, call our office – we can help.