Did you know that a driver can be charged with driving under the influence even if their alcohol level is lower than the legal limit?

In Canada, there are two criminal violations in regards to alcohol at the wheel. The first, and more widely known, is charged when a person driving a motor vehicle with a blood alcohol content higher than 80mg alcohol per 100ml of blood, i.e. the violation of article 253 b) of the Criminal Code. 

  However, under the terms of article 253 a), it is also possible to be stopped and charged when driving is impaired by alcohol, and in this case, the blood alcohol level does not matter, even when lower than .08!

Here is an example: a driver is stopped because they pass the center line and slows down for no reason. The police officer detects alcohol on the person's breath and, when they get out, they must hold on to support themselves. The observation of these various symptoms leads the police officer to stop the person for driving under the influence of alcohol.   

At this stage, the police officer is unaware of the driver's blood alcohol level; however, it is obvious that their faculties are affected. The officer will charge the driver under article 253 a) of the Criminal Code, and their blood alcohol level will not matter.

And, if the driver blows more than 0.08 at the time of the Breathalyser test, a charge under article 253 b) will be added.

The number of alcoholic drinks consumed should never be your only criteria to determine if a person is ready to drive. You must evaluate if  drinking has decreased their ability to drive, which can occur as early as the first drink, especially if it is accompanied by other factors like fatigue,  stress,  drugs, health issues (e.g.: a cold), etc.

Combined with alcohol, these factors can affect the ability to drive, even with blood alcohol content lower than .08.

Make the right choice - DO NOT DRINK AND DRIVE!

Alternate information

Postes de quartier map

» Identify your PDQ «