Terms
Operation of a motor vehicle, aircraft, vessel or railway equipment
What is Conveyances
To use the "Post-Driving" defense, a person must prove they had no reasonable expectation that they would be required to provide one of these.
What is a sample (breath, blood, or bodily substance)?
If an impaired driver causes this type of injury to another person, they can be charged under Subsection 320.14(2).
What is bodily harm?
Under Section 320.14(1)(b), this is the specific number of milligrams of alcohol per 100 mL of blood that constitutes an offence.
What is 80mL
After an accident, a driver must stop their vehicle and provide these two pieces of personal information.
What are name and address?
An instrument designed to receive and determine blood alcohol concentration
What is an Approved Instrument?
This specific condition must be met for a post-driving alcohol consumption defense: the person’s consumption must be consistent with their BAC and they must have been under 80 mg at this specific time.
What is the time they were operating the conveyance?
For a second impaired driving offence, the mandatory minimum punishment increases from a fine to this many days in prison.
What is 30 days?
To be charged under the "Over 80" rule, the blood sample must be taken within this many hours of the person ceasing to operate a conveyance.
What is two hours?
Beyond stopping and sharing info, a driver is legally required to do this if another person appears to require assistance.
What is offer assistance?
The instrument used most commonly as an Approved Instrument
What is a Breathalyzer?
Under Subsection (4), this is the term for a drug concentration that is illegal but lower than the primary limit set in paragraph (1)(c).
What is a low blood drug concentration?
A third or subsequent impaired driving offence carries a mandatory minimum jail term of this many days.
What is 120 days?
This term refers to the vehicle, vessel, aircraft, or railway equipment a person is accused of operating while impaired.
What is a conveyance?
A driver can be charged under Section 320.16 if they were "reckless" as to whether an accident occurred or if they had this type of knowledge.
What is actual knowledge (subjective knowledge)?
Vessel
What is any type of watercraft such as a motorboat, canoe, raft, and hovercraft.
This type of evidence, often captured on video by police, is typically used to prove impairment "to any degree" when scientific BAC readings are unavailable.
What is a roadside sobriety test (or police observations)?
In addition to jail or fines, a judge can issue this order, which prevents the offender from driving for a specific period.
What is a driving prohibition?
Even if a driver blows under the legal limit, they can still be charged with this specific offence if their ability to drive is affected by any amount of a substance.
What is impaired operation? (Section 320.14(1)(a))
This is the maximum prison sentence for a "Failure to Stop" offence that results in the death of another person.
What is life imprisonment?
Impaired Operation
What is operating a conveyance while the ability to do so is impaired to any degree by alcohol or a drug.
In 2018, these major reforms allowed police to demand a breath sample without this previously required "suspicion" of alcohol in the body.
What is reasonable suspicion?
This is the maximum prison sentence if a driver fails to stop after an accident where they knew bodily harm had occurred.
What is 14 years?
This is the mandatory minimum fine for a first-time impaired driving offence.
What is $1,000?
Unlike minor traffic tickets, a conviction under Section 320.16 of the Criminal Code results in this permanent consequence.
What is a criminal record?