Thread: Legal Help DUI
View Single Post
Old 04-10-2010, 07:49 PM   #83
hockeycop
Crash and Bang Winger
 
hockeycop's Avatar
 
Join Date: Jul 2007
Exp:
Default

Ok, people need to educate themselves a bit. Mixing up terms when talking about legalities can really mess up info:

DUI - Does not exist in Canada

It's CC253 Operation While Impaired. It is broken into 2 subsections:

(a) ability to operate is impaired by alcohol or drugs - This is for the guy who is all over the road, crashes into something, and/or is stumblig around. This is the mega dangerous guy that we all hate.

(b) operation havin consumed alcohol in such a quantity that the alc concentration in a persons blood exceeds 80 mg in 100 ml of blood (0.08). This is often a charge that is layed in conjunction with the above, but also can be layed on a person with no signs of impairment (life long drunks).

The two CC253 charges can result in a conviction (jail and/or fines and/or suspension) and have a massive impact on insurance.

Then there is the non criminal sanctions under provincial law:

24 hour suspension - Merely having any detectable alcohol in your system (breath or admitting is enough) can get you a 24 hr suspension. It is not a charge, just a slap on the wrist. Does not have an impact on insurance.

30 day suspension - This case. GDL driver with any detectable alcohol in his system while operating a motor veh. This one can be tricky... I will edit this post with more info when I get a minute (I am at work)
Ok more on the 30 day, they can be issued to:

Any driver with a Learner’s or Probationary licence under GDL who:
· is found to have consumed alcohol before driving, and

· failed or refused to provide a breath sample.

Simply having consumed alcohol is enough for this suspension. Failing or refusing a breath test will usually result in a charge being layed under the Criminal Code, along with this 30 day suspension (which will turn into 2 or 3 months, and a full year on conviction).

Last edited by hockeycop; 04-11-2010 at 10:42 PM. Reason: Added info
hockeycop is offline   Reply With Quote
The Following 9 Users Say Thank You to hockeycop For This Useful Post: