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Fighting Impaired Driving Charges: Operation of Automobiles, Watercraft, among other things
Question: What are the potential penalties for impaired operation of a conveyance in Canada?
Answer: The penalties for impaired operation vary significantly based on the severity of the offence, ranging from fines of $1,000 for first-time offenders to severe imprisonment terms for cases resulting in bodily harm or death, underscoring the importance of legal guidance to navigate these complex charges effectively.
The charge commonly known as driving under the influence ("DUI") or driving while impaired ("DWI") is actually misnamed. The charge is technically known as impaired operation of a conveyance ("impaired driving") which may involve a motor vehicle, a watercraft of many types, an aircraft, or railway equipment. Additionally, an impaired conveyance charge involves three variations which depend upon whether the conduct caused a danger, caused an injury, or caused a death. All three variations are very serious concerns that are deserving of attention from a professional legal representative.
The Law
In 2018, the Criminal Code of Canada, R.S.C. 1985, c. C-46 received numerous amendments. Among the changes, the charge formerly known as impaired driving, previously found at section 249 of the Criminal Code was repealed and amended to the new charge known as dangerous operation of a conveyance along with new version of the applicable wording. The new charge is found at section 320.14 of the Criminal Code and the wording specifically states:
Impaired operation
320.14 (1) Everyone commits an offence who
(a) operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;
(b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;
(c) subject to subsection (6), has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or
(d) subject to subsection (7), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.
Operation causing bodily harm
(2) Everyone commits an offence who commits an offence under subsection (1) and who, while operating the conveyance, causes bodily harm to another person.
Operation causing death
(3) Everyone commits an offence who commits an offence under subsection (1) and who, while operating the conveyance, causes the death of another person.
As indicated, section 320.14(1) addresses impaired operation posing a danger to the public while section 320.14(2) addresses impaired operation causing bodily harm or injury and section 320.14(3) addresses impaired operation causing death. With each increasing level of seriousness, and every level is indeed serious, the degree of potential penalties and punishments increases.
Possible Penalties
As above, the possible penalties, as potential punishments, upon conviction for the impaired operation offences vary depending on the circumstance and the specific charge. For impaired operation causing risk of danger, the possible penalties are found at section 320.19(1). For impaired operation causing injury, the possible penalties are found at section 320.20. For impaired operation causing death, the possible penalties are found at section 320.21. Specifically, the penalty sections state:
Punishment
320.19(1) Every person who commits an offence under subsection 320.14(1) or 320.15(1) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of,
(i) for a first offence, a fine of $1,000,
(ii) for a second offence, imprisonment for a term of 30 days, and
(iii) for each subsequent offence, imprisonment for a term of 120 days; or
(b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of,
(i) for a first offence, a fine of $1,000,
(ii) for a second offence, imprisonment for a term of 30 days, and
(iii) for each subsequent offence, imprisonment for a term of 120 days.
Punishment in case of bodily harm
320.2 Every person who commits an offence under subsection 320.13(2), 320.14(2), 320.15(2) or 320.16(2) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of,
(i) for a first offence, a fine of $1,000,
(ii) for a second offence, imprisonment for a term of 30 days, and
(iii) for each subsequent offence, imprisonment for a term of 120 days; or
(b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to the minimum punishments set out in subparagraphs (a)(i) to (iii).
Punishment in case of death
320.21 Everyone who commits an offence under subsection 320.13(3), 320.14(3), 320.15(3) or 320.16(3) is liable on conviction on indictment to imprisonment for life and to a minimum punishment of,
(a) for a first offence, a fine of $1,000;
(b) for a second offence, imprisonment for a term of 30 days; and
(c) for each subsequent offence, imprisonment for a term of 120 days.
Conclusion
Impaired driving, or more formally known in law as impaired operation of a conveyance, involves a range in severity of possible charges with each having a range in severity of potential penalties. For any of the impaired driving charges, it is highly recommended that the accused person seek the advice of an experienced lawyer.