Impaired Driving - Drive over 80 - Definitions For Drinking And Driving Offences

Driving while Impaired
The charge of "Driving while Impaired" means that police beleive that the accused abilitity to drive was impaired, or changed due to the comsumption of an alcoholic beverage. The accused does not have to be drunk or intoxicated to be considered impaired. The charge implys that the accused abiltity to drive was changed or impaired due to the consumption of alcohol.

DWI:
Driving while Impaired

Driving over 80 mgs:
Driving or having the care and/or control of a motor vehicle while there was more than 80 milligrams of alcohol in your blood stream for every 100 milliliters of blood. The Criminal Code of Canada allows driver to have up to 80mgs of alcohol in their blood stream, but if tested by the police and found to have more than 80 mgs of alcohol the police will lay this criminal charge.

Motor vehicle - Criminal code of Canada
Anything drawn, propelled or driven by any means other than by muscular power. Cars, Trucks, Motorcycles, Farm Tractors and machinery, factory equipment and snowmobiles, even if the accused worked in a factory they are prohibited from driving any motorized machine with wheels.

Refuse Breath Test
Every one commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made to him by a peace officer to lawfully provide a sample of their breath.

When stopped by the police, if the police have the lawful authority to ask for a breath sample the accused is required by law to provide it. If the officer smells alcohol or the driver admits to consuming alcohol the officer has the lawful authority to demand a breath sample from the driver.

The penalty for not providing the sample is the same as if the accused provided a sample and failed the test.

Approved screening device
Means a device of a kind that is designed to ascertain the presence of alcohol in the blood of a motorist. An approve screening device is usually an Alcotester GLC 7410. The Alcotester GLC 7410 is approved for the purposes of this section of the Criminal Code of Canada by order of the Attorney General of Canada.

Qualified technician
means, Qualified Breathalyzer Technician, i.e. the police officer who does the breathalyzer testing at the police station.

This officer will be a police officer who has taken a course in Breathalyzer testing who is a person designated by the Attorney General as being qualified to operate the intoxilyzer (the breathalyzer machine).

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