Apr

15

Alcohol Laws in Canada…

Michael CarabashPlease note that the information provided herein is not legal advice and is provided for informational and educational purposes only. If you need legal advice with respect to alcohol laws under the Criminal Code of Canada, you should seek professional assistance (e.g. make a post on Dynamic Legal Forms). We have criminal defense lawyers/attorneys registered on Dynamic Legal Forms who can offer information, advice, and assistance with respect to alcohol laws.

Alcohol laws can be found under the Criminal Code of Canada. Most people relate alcohol laws with drinking and driving. This can be found, for example, in section 253(1) of the Criminal Code, which establishes the offence of operating a motor vehicle while being impaired by alcohol. Here is the provision:

Operation while impaired

253. (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

(a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or

(b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.

For greater certainty
(2) For greater certainty, the reference to impairment by alcohol or a drug in paragraph (1)(a) includes impairment by a combination of alcohol and a drug.

Section 254 of the Criminal Code gives police officers the authority, under certain circumstances, to test individuals (e.g. through breathalyzers and sobriety tests). Worth noting is that, in Ontario, where a police officers conducts a breathalyzer test and an individual’s results are over the legal limit, the police officer has the power to request that the person surrender their driver’s license under s. 48(3) of the Ontario Highway Traffic Act.

Section 255 of the Criminal Code establishes different punishments for accuseds convicted under s. 253 (noted above). For example, an individual who was impaired while operating a motor vehicle (i.e. under s. 253(1)(a)) and caused another person to die could face life imprisonment. Furthermore, an individual who was impaired while operating a motor vehicle (i.e. under s. 253(1)(a) and caused bodily harm to another person could be found guilty of an indictable offence and liable to imprisonment for a term of up to 10 years.

Once again, if you require assistance with understanding your rights if you have been charged under the Criminal Code or had your license taken away under the Ontario Highway Traffic Act, you should go to Dynamic Legal Forms and make a post. It’s 100% free and anonymous and criminal defense attorneys/lawyers will respond to you via e-mail.

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