A DUI (Driving Under the Influence) generally refers to operating a vehicle after consuming alcohol or drugs that affect your ability to drive safely.
In Canada, the legal term used is impaired driving, which is a criminal offence under the Criminal Code of Canada.
A person may be charged if alcohol or drugs impair their ability to operate a vehicle, or if the amount of alcohol in their blood exceeds the legal limit within two hours of driving.
Although the term DUI is commonly used in everyday conversation, Canadian legislation does not formally use the term DUI.
Instead, the Criminal Code sets out offences related to impaired driving, including impairment by alcohol, drugs, or a combination of both.
Understanding what a DUI means in Canada can help you better understand your legal responsibilities and what can happen if a person is charged.
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DUI stands for Driving Under the Influence.
The term usually refers to driving while affected by substances that impact judgment, coordination, or reaction time.
These substances may include:
Even small amounts of certain substances may affect a person’s ability to drive safely depending on the individual and the circumstances.
In Canada, DUI is an informal term often used to describe impaired driving offences under the Criminal Code.
A person may commit an impaired driving offence if they:
Impaired driving laws apply to many types of vehicles, including:
A charge may still occur even if a person was not actively driving but had care or control of a vehicle while impaired.
Impaired driving involves operating or having care or control of a vehicle while the ability to do so safely is affected by alcohol or drugs.
Police may investigate impairment through:
Impairment does not always require obvious signs of intoxication.
If alcohol or drugs reduce a person’s ability to operate a vehicle safely, charges may still occur depending on the circumstances.
Under the Criminal Code, a person may face criminal charges if their blood alcohol concentration is 80 milligrams of alcohol per 100 millilitres of blood (0.08) or higher within two hours of operating a vehicle.
In Alberta, administrative penalties may also apply if a driver’s BAC is between 0.05 and 0.079, even if criminal charges are not laid.
Drug-impaired driving may also lead to charges if testing shows prohibited drug levels or evidence of impairment.
Because impairment can occur at different levels depending on the person, there is no guaranteed safe amount of alcohol or drugs before driving.
People often use the terms DUI and DWI interchangeably, but in Canada the legal term is impaired driving.
All of these terms generally describe operating a vehicle while impaired by alcohol or drugs.
Yes. Impaired driving offences are criminal offences under the Criminal Code of Canada.
Penalties vary depending on the circumstances of the case and may include:
A conviction may also result in a criminal record.
Because impaired driving offences are criminal matters, court proceedings and potential outcomes depend on the specific facts of each case.
Every situation is different, but the legal process often includes:
The timeline and process can vary depending on the circumstances and the type of charge.
If you are facing an impaired driving charge, speaking with a criminal defence lawyer may help you better understand the legal process and your available options.
Browne Criminal Defence is based in Calgary and focuses on criminal law matters, including impaired driving charges.
A lawyer can review your situation, explain how the law applies, and help you make informed decisions as your matter moves through the legal system.
SCHEDULE A CONSULTATION WITH A CRIMINAL DEFENCE LAWYER
DUI stands for Driving Under the Influence. It is a commonly used term that refers to operating a vehicle while affected by alcohol or drugs.
In Canada, the legal term for DUI is impaired driving. It refers to operating or having care or control of a vehicle while your ability to drive is affected by alcohol or drugs, or when prohibited blood alcohol or drug levels are present.
A DUI generally involves driving while impaired by alcohol or drugs, exceeding the legal blood alcohol limit, having prohibited drug levels, or refusing to comply with lawful testing demands.
Yes. Impaired driving is a criminal offence under the Criminal Code of Canada. Penalties depend on the facts of each case.
Yes. Drug impairment, including cannabis, prescription medications, or illegal substances, can lead to impaired driving charges if they affect the ability to operate a vehicle safely.
Refusing to comply with a lawful breath demand can result in a criminal charge under the impaired driving provisions of the Criminal Code.
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