Alcohol or Drug Impaired Driving

Did you know that drivers 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 more widely known, applies when a person driving a motor vehicle with a blood alcohol content higher than 80 mg alcohol per 100 ml of blood, i.e. the violation of Section 253 b) of the Criminal Code.
• Under the terms of Section 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!

Therefore, the number of alcoholic drinks consumed should never be your only criteria to determine if a person is able to drive. You must evaluate if drinking has decreased the person’s 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

Alcohol mainly affects the central nervous system by impairing intellectual, sensory and motor functions.

Intellectual functions

These are the first to be affected by alcohol, decreasing one's attention, self-control and ability to judge. 

Sensory functions

Hearing and especially sight are affected by alcohol, leading to:

• Greater difficulty adapting to night vision and slower recovery from glare
• Change in  depth perception
• Reduced peripheral vision (tunnel effect)
• Double vision when blood alcohol content reaches 100 mg alcohol per 100 millilitres of blood (mg%), an occurrence that is further amplified after surpassing 150 mg %

Hearing is also impaired when one is inebriated.

Motor functions

Alcohol impairs muscle control and coordination, causing the following behaviours:

• Staggering
• Difficulty in clearly pronouncing words
• Loss of manual dexterity
• Loss of precision in gestures and movements

Driving a car is a complex activity that requires the execution of several simultaneous tasks. The driver must be able to perceive, interpret and react to events, which proves difficult when faculties are impaired by alcohol!

Symptoms of alcohol impairment

Several symptoms appear when a person's abilities are weakened by alcohol. In fact, Police Officers watch for them when deciding whether to make an arrest. If you notice these symptoms in friends, try to convince them not to drive, and more importantly, do not get in the vehicle with them. If they still insist on driving, call 911!

• Irritated eyes
• Difficulty talking
• Difficulty standing straight
• Difficulty walking in a straight line
• Slow gestures
• Distracted behaviour
• Slow response to questions
• Tendency to fall asleep
• Increased feelings of sadness
• Aggressiveness
• Uncontrolled and exaggerated giggling
• Faster breathing
• More profuse perspiration
• Accelerated speech
• Talking loudly

Sources: SAAQ and the École nationale de police du Québec

Since April 2012, driving after drinking alcohol is prohibited for driver's licence holders aged 21 or younger, and for those with a learner's licence or probationary licence.

To know more : 
Zero Alcohol for Drivers Age 21 or Younger - SAAQ

Here is how an arrest happens when caught driving under the influence or upon refusal to provide a breath or blood sample:

1. The Police Officer informs the driver of the violation at the time of the arrest.
2. The suspect is read his or her rights.
3. The officer will then search the suspect, and, according to the officer’s evaluation of the situation, the suspect may or may not be placed in handcuffs.
4. The vehicle is either impounded or seized for a 30-day period, according to the circumstances.
5. The suspect is then transported in a police vehicle to the SPVM detention centre.
6. The suspect is asked to empty his orher pockets and to remove any jewellery, belt and shoe laces. All personal effects are identified and then placed in an envelope.
7. The suspect can then call his orher lawyer or, if the suspect does not have one, a lawyer from Legal Aid or an on-call service will be appointed.
8. The suspect is then taken for a breathalyser test to provide the samples necessary to analyze his or her blood alcohol content.
9. The suspect is  then placed in a cell.

10. The Police Officers take the suspect’s photograph and digital fingerprints, unless they decide to do this at a later date.

11. The suspect signs a Promise to Appear in Court when called.

12. According to the circumstances, various administrative measures can be applied immediately:

1. Seizure of the vehicle for 30 days. if:

• the blood alcohol content (BAC) is higher than 160 mg alcohol per 100 ml of blood, or if the person refuses to provide a breath or blood sample
• OR if it is a repeat offence (2nd violation or more) the BAC is higher than 80 mg alcohol per 100 ml of blood

1. Immediate suspension of the driver's licence for 90 days or if the blood alcohol content is higher than 80 mg alcohol per 100 ml of blood, or if the person refuses to provide a breath or blood sample.

If you drive while impaired, you could be subject to stiff penalties under the Criminal Code and the Highway Safety Code.

1st offence

• Immediate licence suspension: 90 days
• Fine: $1,000
• Criminal record
• Licence revocation: 1 year or 3 years
• Risk reduction and assessment program
• Alcohol ignition interlock (depending on the situation) 

To learn more :
Laws, Penalties and Costs - SAAQ.