In Canada, the term, \’impaired driving\’ means operating a motor vehicle when the ability to operate the vehicle is impaired by drugs or alcohol. A motor vehicle may be a car, motorcycle, truck, train, snowmobile, aircraft, boat or any other type of motor vehicle. For a first offence, impaired driving penalties in Canada is a mandatory minimum fine +/- a minimum mandatory ban on motoring for one year.

The penalty for a second offence is a minimum 14-day jail sentence, which may be served at weekends, in addition to a two-year prohibition from operating a motor vehicle. If an individual is found guilty of a third offence, then they are subject to a mandatory minimum 90-day jail sentence and a three-year prohibition against driving. Each subsequent offence adds a further three years to the ban.

It is important to note that in Ontario, Canada, if a person is even charged of a drunk driving offence, they immediately lose their drivers license for a period of three months. It doesn\’t matter if they are innocent, wrongfully charged, wrongfully accused and later exonerated in court, because they have been charged, they immediately lose their motoring privileges. Also in Ontario, if you are convicted of a fourth offence, this will result in a permanent ban from operating a motor vehicle with no possibility for reinstatement.

Residents of foreign countries, including the United States, should be aware that if their license is confiscated by the Canadian authorities, it could be sent to the Ontario Ministry of Transportation and forwarded to the issuing authority, along with an explanation of why it was confiscated. A foreign resident convicted of impairment, Refusal or Over 80 may be deported.

Penalties apply if an individual is impaired while operating a motor vehicle, if they are shown by blood test to be over the limit of 80 milligrams (mg) of alcohol in 100 milliliters (ml) of blood (regardless of whether or not they are impaired) or if they refuse to give a breath sample (this is called \’Refusal\’).

The charge of operating a motor vehicle with more than 80 mg of alcohol per 100 ml of blood is a separate drunk driving charge from impaired driving. It is also called \’Over 80.\’ You may be able to drive and have none of the classic signs of impairment but if you are over the limit, you may be charged. The penalties for Over 80 are the same as for impaired operation of a motor vehicle. If a driver is found to have more than twice the legal limit of alcohol in their blood, penalties may be correspondingly harsher.

The classic signs of impairment are red or glassy or glazed eyes, slurred speech or difficulty speaking and dilated pupils. The arresting officer(s) will also look for loss of motor coordination, for instance, if you have trouble fumbling for your documents or have difficulty standing, if you have trouble controlling your bodily functions or if you have trouble staying awake.

A person who is caught operating a motor vehicle while under prohibition runs the risk of either a five-year prison sentence or six months in prison plus a heavy fine.

Author Bio: Getting Barrie traffic tickets on your driving record can have serious consequences. Find the right lawyers and former police officers to help fight these impaired driving Toronto . X-Copper Legal Services Professional Corporation 939 Eglinton Ave East, Toronto, ON M4G 4E8 (416) 696-6677

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