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Canadian Laws Concerning Drinking and Driving Offences

If you're a Canadian citizen and have been charged with drinking & driving then you need to contact a Canadian lawyer immediately. Drinking and driving is not as common in Canada as it is in many countries around the world. Drinking and driving can cause serious problems for you, your vehicle and others. If you are charged with drinking & driving in Canada you should consult with a Canadian DUI Lawyer immediately. A Canadian DUI Lawyer will be able to review your case and determine if there are any ways that your case can be resolved.

It is not uncommon for innocent people to be charged with drunk driving. In some cases the Crown Attorney may choose not to proceed with the case if the defendant has provided proof they were driving while intoxicated. Many states have a "dry drunk law" that makes it illegal to operate a motor vehicle if you are legally intoxicated. This doesn't mean, however, that every drunk driver is automatically put behind bars.


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Canada's unique system of criminal justice makes it possible for someone to be charged with a drink driving offence even if they have never driven before or do not drive much at all. The main weapon against a drink driving charge is proof. Canadian courts rely on evidence to conclude whether a person was driving while intoxicated. Even if the arresting officer can't find evidence, a lawyer with experience fighting drink driving cases can often find sufficient evidence to get the charges against the offender dismissed.

Canada has one of the highest rates of impaired driving arrests and convictions in the world. Despite this, impaired driving offences usually only result in a fine, not jail time. As with many other Canadian crimes, a court usually imposes a sentence of a probation period followed by community service. The majority of impaired driving convictions occur in the early evening or late morning, and in many cases, a mandatory ignition interlock device can be added to the ignition of the vehicle.

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While the laws about drink driving are different in each province, the most common Canadian law that is used is basically a form of the U.S. "penalizing" clause. The provision of punishment for most impaired driving charges is a suspended imposition of a jail term. Other common provisions of punishment include community service, a number of hours of driving education, and heavy fines. In contrast to the strict penalties associated with other impaired driving offences, a number of provinces allow for longer jail terms. For example, in Ontario, if a judge sentences an individual to less than three years of imprisonment, he or she may make the individual eligible to apply for Parole, which would free the person from serving time in jail.

The laws around drink driving vary greatly from one province to the next, but there are some general principles that remain from all provinces. While most impaired drivers are sentenced to a suspended jail term, some provinces allow for more severe penalties. Some provinces also have mandatory ignition interlock devices, which prevent an impaired driver from starting their vehicle. Some provinces have added alcohol-based blood alcohol content limits to their Criminal Code laws, while others have adopted legislation that allow for mandatory ignition interlock device use on all vehicles. Regardless of how a person obtains their license, the penalties associated with this offence are severe and serve as a serious deterrent to the behaviour that leads to impaired driving convictions.

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