You Don’t Have to Be Driving
to Be Charged

You Don’t Have to Be Driving to Be Charged With Impaired Driving

If you were found in the driver’s seat of a vehicle while impaired — even if you weren’t driving — you can still be charged with a criminal offence under Canada’s impaired driving laws.

👉 This is called “Care and Control While Impaired” — and it carries the same penalties as impaired driving.

It’s confusing. It might even feel unfair.
But the law is clear: if you were impaired and had the potential to put the vehicle in motion, you could be convicted.

👉 Call Bobby Russon, a trusted Windsor DUI lawyer, at (519) 792-9391

✅ Free Consultation
✅ Clear Advice About Your Rights
✅ Strong Defence Strategies That Work

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What Does “Care and Control” Actually Mean?

Care and control is a legal concept used when:

• You were in or near the driver’s seat

• You had access to the keys

• You were in a position to operate the vehicle

• But the police didn’t observe you driving

Even if you were sleeping it off in the driver’s seat, the Crown can argue you had care and control of the vehicle — and that means a criminal charge.

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Examples of Care and Control Situations:

• Sitting in the driver’s seat while intoxicated

• Sleeping in your parked vehicle with the engine running (for heat)

• Sitting in your car while waiting for a ride, with keys nearby

• Moving your car a few feet while impaired, even on private property

In all these cases, you may be charged with Care and Control While Impaired — and face the same penalties as if you’d been pulled over while driving.

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🔍 Real Example: (He Was Just Sleeping — But Was Still Charged)

A man left a party and decided to sleep it off in his car. He turned the heat on and fell asleep in the driver’s seat. He had no intention of driving. But when police arrived, they saw him behind the wheel with the keys in the ignition — and charged him. His lawyer argued that there was no realistic risk of danger, and the case was dismissed.

A strong defence can show that there was no real risk of the car being driven.

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💬 What People Say: (I Thought I Did the Right Thing by Not Driving)

“I knew I was too drunk to drive, so I stayed in my car to wait for a ride. I had no idea I could still be charged. My lawyer explained everything, took over the case, and got the charge dropped. I was shocked at how close I came to having a criminal record.”

The right legal advice can protect your future — especially when you thought you were doing the responsible thing.

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What the Crown Has to Prove

To convict you, the prosecution must show:

• You were impaired

• You had care an control of a vehicle

• There was a realistic risk of the vehicle being put in motion

👉 But if you weren’t a danger — and the vehicle wasn’t likely to be driven — your lawyer can argue for dismissal.

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Penalties for Care and Control While Impaired

The penalties are the same as for impaired driving:

• A permanent criminal record

• Minimum $1,000 fine (first offence)

• 1-year licence suspension (minimum)

• Possible jail time for repeat offences

• Travel restrictions, including to the U.S.

• Dramatic increases in insurance costs

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How Bobby Russon Can Help

Bobby Russon is an experienced impaired driving lawyer in Windsor.
They will:

• Review the full circumstances of your arrest

• Challenge whether there was a real risk of danger

• Explore Charter rights violations or procedural errors

• Negotiate with the Crown or fight for dismissal in court

👉 Call Bobby Russon today at (519) 792-9391 for a free case review.

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FAQs — Care and Control While Impaired

Can I be convicted even if I wasn’t driving?
Yes. If the court finds you had care and control of the vehicle while impaired, you can be convicted.

What if I was just sleeping in my car?
If you were in the driver’s seat and had access to the keys, you can still be charged — even if your intentions were good.

Can I fight this charge?
Yes. A strong defence can show there was no realistic risk of the vehicle being driven.

Are the penalties the same as for impaired driving?
Yes — same fines, suspensions, and potential jail time.

What should I do now?
Never plead guilty. Call a lawyer and find out what defences may apply.

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🔍 Still have questions about DUI or other drinking and driving charges?
Visit our DUI defence home page for more information and links to all the charges we defend.

📞 Ready to get a free consultation?
Call Bobby Russon now at (519) 792-9391 and get straight answers about your case.