Impaired driving/DUI law overview.

Impaired driving, drunk driving, DUI or DWI?

Impaired driving is a crime in Canada, whether it's called "drunk driving," "driving under the influence" (DUI) or "driving while intoxicated" (DWI). Because it happens often and the consequences of conviction are so serious, it is one of the most heavily litigated areas of Canadian law.

You should know some general principles of law. These principles apply to all criminal charges, including impaired driving offences:

• You are presumed innocent until proven guilty.
• The Crown must prove you are guilty. You do not have to prove you are innocent.
• The standard of proof in a criminal case is "proof beyond a reasonable doubt." This standard is very high. Before a conviction is entered, the judge must be "sure" that the evidence points towards guilt.
• A complex set of rules and procedures is in place to protect the rights of each and every person charged with a criminal offence. These rules cover everything from the presumption of innocence, to freedom from unreasonable search and seizure, to the guarantee of a fair trial.

We have answered some of the questions you may have if you are facing an impaired driving or related charge. But we cannot answer everything here or address the specifics of your case. Volumes of information exist on the intricacies of this area of law. There is no substitute for having an experienced impaired driving lawyer help you with your case.

Three charges: impaired driving, over .08 and refuse breath sample.

A number of separate offences in the Criminal Code of Canada relate to impaired driving and the breath-testing process. These are the three major offences:

Impaired driving - Sometimes called "drunk driving," "DUI" or "DWU." This refers to the operation of a motor vehicle while your ability to operate the vehicle is impaired by alcohol or a drug. It is not against the law in Canada to drink and drive. It is against the law to drive while impaired.

"Over .08" or "Over 80" - This refers to having more than the legal amount of alcohol in your blood as measured by a breath or blood test. The legal limit in Canada is 80 milligrams of alcohol in 100 milliliters of blood.

"Refuse breath sample" - This refers to a refusal to comply with a lawful demand by a peace officer to provide a breath or blood sample.

There are separate charges for impaired driving causing bodily harm and impaired driving causing death. These charges carry greater maximum penalties and are typically dealt with more severely by the courts.

But I wasn't driving.

You don't have to be driving to be charged with impaired driving or over .08. It is enough if you have "care or control" of the vehicle. For example, you can be charged with impaired driving if you are sitting in the driver's seat of a stationary vehicle. There are defences available to you in circumstances where the vehicle is not being driven, but the mere fact that the vehicle was not in motion when the police arrived does not constitute a defence by itself.