Canada's roads and its drivers are protected under the Highway Traffic Act. The purpose of the act is to guarantee the safety of all drivers at all times, which is why it includes provisions which limit the amount of alcohol drivers may have in their bodies.
Level of impairment is determined by blood alcohol content, or the percentage of a person's bloodstream that is alcohol. BAC can be measured by a device called a breathalyzer, which has small tube police officers can make a driver who they suspect has been drinking blow into.
The federal legal blood alcohol content for driver is 0.08; anything over that number is a criminal offense. The act covers not just vehicles on highways but also those in the air and in water.
BAC is measured by a device called a breathalyzer, which can detect one's BAC from a breath sample. Canadian federal law permits police officers to require anyone they suspect of having operated a vehicle within three hours to provide a breath sample.
Drivers do not have to be over the 0.08 limit to be charged with impaired driving if they are driving recklessly with alcohol in their system. Police officers can even charge you with impaired driving if a vehicle is in you "care or control" while your BAC is above 0.08. "Care or control" can mean sitting behind the wheel of a vehicle even if it is not on. The police have the right to arrest you if they have reasonable suspicion that you have committed any of these acts in the three hours previous to questioning.
These charges refer to charges in various jurisdictions:
The most common terms we are all familiar with are ".08" and "blowing over". What does 0.08 mean?
You don't need a breathalyzer or blood test to have an impaired charge, nor does it need to be alcohol related. Drugs can also result in an impaired charge.
An impaired driving can result where the person's ability to operate the car (or boat, or plane or railway equipment) is impaired by alcohol or a drug.
There is a different, yet similar charge for this. You will be charged with "Refusing to Provide a Breath Sample". Although the charges are different, the penalties associated with it are exactly the same as an impaired driving charge.
Impaired Driving. As mentioned above there are many terms for Impaired Driving. The most common of whis is a "DUI".
These vary by province:
|Province||1st Offence||2nd Offence||3rd Offence||Subsequent Offences|
|Alberta||1 year||3 years||5 years||5 years|
|British Columbia||1 year||3 years||indefinitely||indefinitely|
|Manitoba||1 year||5 years||10 years||lifetime suspension|
|New Brunswick||1 year||1 year||1 year||1 year|
|Newfoundland and Labrador||1 year||3 years||5 years||Lifetime suspension|
|Nova Scotia||1 year||3 years||Indefinitely||Indefinitely|
|Ontario||1 year||3 years||Indefinitely||Indefinitely|
|Prince Edward Island||1 year||3 years||5 years||5 years|
|Quebec||1 year||3 years||5 years||5 years|
|Saskatchewan||1 year||3 years||5 years||5 years|
|Northwest Territories / Nunavut||1 year||3 years||5 years||Indefinitely|
|Yukon||1 year||3 years||Indefinitely||Indefinitely|
Educational or Rehabilitation programs or courses may be required for any of the above suspensions.