Free ConsultationCharged With DUI — But You Weren’t Driving?
You Can Still Be Convicted Under "Care and Control" Laws in Canada
If you were found in the driver’s seat while impaired — even if you weren’t driving — you can still be charged 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 — and it feels unfair. But the law doesn’t always care about fairness.. The law says if you were impaired and had the potential to put the vehicle in motion, you can be convicted.
📞 Call {lawyer}, a trusted {city} DUI lawyer, at {tel}.
✅ Free Consultation
✅ Clear Advice About Your Rights
✅ Strong Defence Strategies That Work
What Does “Care and Control” Actually Mean?
You don’t have to be driving to be found guilty. The Crown only needs to prove that:
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You were in or near the driver’s seat
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You had access to the keys
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You could have operated the vehicle
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You were impaired at the time
Even if the engine was off — or you were sleeping it off — police can charge you.
Common Examples of “Care and Control”
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Sitting in the driver’s seat while intoxicated
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Sleeping in the car with the engine running for heat
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Waiting in your car for a ride, keys nearby
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Moving your car a few feet while impaired — even on private property
In all these cases, you could be charged with Care and Control While Impaired and face the same penalties as being caught while driving.
🔍 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.
💬 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.
What the Crown Must Prove
To convict you, the prosecution must show:
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You were impaired
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You had care and control of a vehicle
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There was a realistic risk of the vehicle being driven
👉 If there’s no danger — your lawyer can argue for dismissal.
Penalties for Care and Control While Impaired
The penalties are the same as for impaired driving:
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A permanent criminal record
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A minimum $1,000 fine (first offence)
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One-year licence suspension (or longer)
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Possible jail time for repeat offences
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Sky-high insurance rates
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Travel restrictions — including the U.S.
Even if you weren’t driving — your future is on the line.
👨⚖️ How {lawyer} Can Help
As a {city} DUI lawyer, {lawyer} knows how to:
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Examine every detail of your case
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Challenge whether you were actually a risk
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Identify Charter violations or police errors
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Fight for dismissal or negotiate a better outcome
📞 Call now at {tel} for a free case review.
🔗 Want to Learn More?
Still confused about how you could be charged without driving?
Visit our DUI Defence Home Page to see how the system really works — and how a strong defence can protect your future.
Worried about the cost of hiring a lawyer?
Good legal help may be more affordable than you think. Check out our DUI Legal Fees guide to get clarity before you decide.
Wondering if a guilty plea is your best option?
You might be giving up more than you realize. Learn why so many people regret pleading early on our Never Plead Guilty page.
Thinking of handling this on your own?
Representing Yourself in a DUI case is risky — especially when the law is this complicated. Here’s what you need to know.
Want to know if the charge can be dropped?
Sometimes, yes. Read our Getting Charges Dismissed page to see how lawyers challenge weak or unfair cases like yours.
❓FAQs — Care and Control Charges
Q: Can I be convicted if I wasn’t driving?
A: Yes. If you had control of the vehicle and were impaired, you can still be charged.
Q: What if I was just sleeping in my car?
A: If you were in the driver’s seat and had access to the keys, that can be enough — even with good intentions.
Q: Can I fight this charge?
A: Yes. A strong defence can show there was no realistic risk of the vehicle being driven.
Q: Are the penalties the same as DUI?
A: Yes — same record, same fines, same consequences.
Q: What should I do now?
A: Don’t plead guilty. Get legal advice before you make a decision.