Simply because section 320.14 (1) a) of the Criminal Code states that if you drive while impaired by alcohol or drugs, it’s criminal. In other words, no matter how much alcohol or drugs you have consumed, if that consumption has contributed to your impairment and you drive or have the care and control of a vehicle, it’s criminal. To put it simply, the person who looks tipsy after just one glass of alcohol is just as criminal as the person who shows no symptoms but whose blood alcohol level (above the legal limit) reveals a drunken night out.

What are the symptoms or circumstances that can be taken into account to evaluate if someone is impaired?

Here are just a few examples of symptoms often encountered in cases of alcohol or drugs while driving: accidents, questionable or illegal driving maneuvers, red or glassy eyes, pasty mouth, language or comprehension problems, difficulties in handing in documents, balance or gait problems, and mood swings. Of course, these symptoms can be explained by factors other than alcohol or drug use, such as fatigue, illness, clumsiness, incompetence, or poor vehicle mechanics. These additional causes could also be taken into consideration during the evaluation.

Can you be convicted of impaired driving if you drive when you should be going to bed, even if you haven’t had anything to drink?

Many people think so. This popular belief is false. You can’t be convicted of this offence even if you show symptoms of impairment if you haven’t consumed alcohol or drugs (but perhaps another offence such as dangerous driving). Do I need to add that it’s much better not to get behind the wheel when you’re too tired?

If you are facing an impaired driving charge, consult a lawyer to assess your chances of acquittal.

The legal world is complex. Legal procedures are long. And the consequences can be disastrous in your life. Make sure you have the best chance to succeed in court and call upon the services of a lawyer. What happens when you go out on a rainy day without an umbrella? Of course, you will get wet. What will happen when you will be facing a fierce adversary, experienced in a field that you do not know, or perhaps slightly? Let us be honest about it: you are going in unarmed. As Bruce Lee has so well expressed: “I fear not the man who has practiced 10,000 kicks once, but I fear the man who has practiced one kick 10,000 times.” If you think that the saving of a few thousand dollars is worth it, think again. This decision could be very costly. You cannot know what you do not know, so please consult a lawyer. He knows. You surely do not want to say afterwards: “I should have”. For example, there are people who wrongly believed they had no legal defences available to them but in fact they had, and they pleaded guilty when they could have been acquitted. There are other people who are actually guilty but were unaware that they could have asked for a discharge and now they have a criminal record. Avoid making these mistakes. Consult a lawyer.

Impacts on employment

Employers increasingly proceed to a systematic criminal record verification at the time of hiring. But also, many employers proceed to a periodic check during the course of employment. In Quebec, Section 18.2 of the Charter of Human Rights and Freedoms forbids to refuse to hire, dismiss or otherwise penalize a person in his employment owing to the mere fact that he was convicted of a penal or criminal offence, but and only, (1) if the offence was in no way connected with the employment or (2) if the person has obtained a pardon (record suspension) for the offence. It’s easy to find another reason. Who, according to you, will have more chances of obtaining a job? Of keeping his job as a result of corporate restructuring or lay-offs? Of obtaining a promotion? We cannot stick our heads in the sand. The only existence of a criminal record basically diminishes your chances by 50% of obtaining a job. It is not rare to see convicted people leave a precarious job for another, for lack of a better job, and this can last for years. Let’s imagine the consequences on finances: difficulties to make ends meet, debts that accumulate, sale of the house.

Impacts on insurance

If you have a criminal record, you must disclose it to your insurer and your close relatives (immediate family), because otherwise your insurer could refuse to indemnify you or your immediate family member in case of a claim. And there come a legal battle to determine if your criminal record is related to your insurance coverage. Of course, by disclosing the existence of your criminal record, the insurer can refuse to insure you, limit the coverage, or increase your premium (a lot more in fact), but at least you will have peace of mind knowing what to expect if you have to make a claim. Some insurance brokers make it their business to provide services to people with criminal records so they can insure their properties. Call upon these insurance brokers.

Other impacts

Having a criminal record can also have negative impacts on many other aspects of your life. To name only a few: volunteer, go to the United States or rent an appartment.