Operation while impaired - alcohol and drugs (CC s. 320.14(1)(a))

When people think of impaired driving they most often think about being drunk and over 80. They think if they blow under 80 they are not breaking the law and will not be charged. This is not true in Canada. A person can be charged with impaired driving even if their blood alcohol level is under 80. This is because it is an offence in Canada to be impaired by alcohol or drugs regardless of the BAC reading.

Everyone reacts differently to drugs and alcohol. While most people will not show obvious signs of impairment if their BAC is under 80 mgs some people will. A light or inexperienced drinker may be impaired even if their BAC is 50, 40, or lower. When the police charge people with impaired driving offences they virtually always charge with both over 80 (s. 320.14(1)(b)) and operation while impaired under s. 320.14(1)(a) because they know some people who they believe to be drinking and driving will ultimately blow under the legal limit either at the roadside into an approved screening device (ASD) or at the police station into an Intoxilyzer machine with the breath technician present.

Perhaps their intoxication wore off between the time of driving and the tests being conducted or perhaps they were never over 80 to begin with. The law states the a person does not have to be over 80 to be legally impaired when driving.

With the legalization of marijuana there are more people being charged with impaired driving offences in Canada who may even have a 0 blood alcohol level.

Police will often immediately conduct roadside tests on video to demonstrate that the accused was impaired prior to and breath or blood tests being conducted. Even if the results are negative, under 80, or inconclusive they can still say in court that the accused was impaired. Videos of the tests are usually available via bodycam and police car surveillance footage, but not always. In some cases it is simply the officer’s words, opinions and writings in their notepad that is being used as evidence.

In Ontario, most people charged with drinking and driving offences will blow or test over 80. When defending these cases the lower the result the better but even if the accused blows high the charges may still be able to be dropped if their rights were violated, the Crown can not prove they were in care and control, or the evidence was collected illegally. No impaired driving case is “open shut” and this is why many go to trial and result in findings of not guilty.

Even if the person is factually guilty this does not mean they won’t be acquitted at trial. Factually guilty does not equal legally guilty.


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You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with impaired driving offences throughout Ontario.

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Are you a lawyer? If you are defending an impaired driving related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

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