Impaired Driving Articles

In Canada, impaired driving laws apply to all vehicles, including:

1. Cars: Passenger vehicles, including sedans, hatchbacks, and SUVs.
2. Trucks: Pickup trucks, delivery trucks, and other commercial vehicles.
3. Motorcycles: Motorcycles, scooters, and mopeds.
4. Buses: Public transit buses, school buses, and commercial buses.
5. RVs: Recreational vehicles, including motorhomes, travel trailers, and campervans.
6. Boats: Personal watercraft, such as jet skis, and boats with engines.
7. ATVs: All-terrain vehicles, such as quad bikes and four-wheelers.
8. Snowmobiles: Snowmobiles and other winter recreational vehicles.

Impaired driving laws in Canada apply to any vehicle that is operated on a public road or waterway, including:

• Public roads: Highways, streets, and roads that are open to the public.
• Private roads: Roads that are not open to the public, but are still used by vehicles, such as company parking lots or private driveways.
• Waterways: Rivers, lakes, and other bodies of water that are used for boating or other watercraft.

Impaired driving laws in Canada also apply to vehicles that are:

• Stationary: Vehicles that are parked or stopped, but still have the engine running or are in gear.
• Unattended: Vehicles that are left unattended, but still have the engine running or are in gear.

It's important to note that impaired driving laws in Canada are enforced by the Royal Canadian Mounted Police (RCMP) and other provincial and territorial police forces. If you are found to be impaired while operating a vehicle, you can face serious consequences, including fines, license suspension, and even criminal charges.

While the core principles of impaired driving laws are similar across Canada, there are some differences between provinces and territories. Here are some key differences:

1. Blood alcohol concentration (BAC) limits:
   • Alberta, Manitoba, and Saskatchewan have a BAC limit of 0.08%.
   • British Columbia, Nova Scotia, and Prince Edward Island have a BAC limit of 0.05%.
   • All other provinces and territories have a BAC limit of 0.04%.
2. Impaired driving definitions:
   • Some provinces, like Alberta and Saskatchewan, define impaired driving as having a BAC of 0.05% or higher, while others, like British Columbia, define it as having a BAC of 0.04% or higher.
   • Ontario and Quebec have separate definitions for impaired driving and impaired care and control.
3. Administrative penalties:
   • Some provinces, like Alberta and British Columbia, have administrative penalties for impaired driving, such as fines and license suspensions, without the need for a criminal conviction.
   • Other provinces, like Ontario and Quebec, require a criminal conviction for impaired driving.
4. Ignition interlock devices:
   • Some provinces, like Alberta and Saskatchewan, require ignition interlock devices for drivers who have been convicted of impaired driving.
   • Other provinces, like British Columbia and Nova Scotia, do not require ignition interlock devices, but may impose other penalties, such as license suspensions.
5. Impaired driving laws for commercial drivers:
   • Some provinces, like Alberta and Saskatchewan, have stricter impaired driving laws for commercial drivers, with lower BAC limits and harsher penalties.
   • Other provinces, like British Columbia, have similar impaired driving laws for commercial and non-commercial drivers.
6. Impaired driving laws for youth:
   • Some provinces, like Alberta and Saskatchewan, have lower BAC limits for youth (ages 18-21) and harsher penalties for impaired driving by youth.
   • Other provinces, like British Columbia, have similar impaired driving laws for youth and adults.
7. Impaired driving laws for boating:
   • Some provinces, like Ontario and Quebec, have separate impaired driving laws for boating, with lower BAC limits and harsher penalties.
   • Other provinces, like British Columbia, have similar impaired driving laws for boating and driving.
8. Impaired driving laws for Indigenous communities:
   • Some provinces, like Alberta and Saskatchewan, have specific impaired driving laws and programs for Indigenous communities, recognizing the unique challenges and cultural differences.

It's essential to note that while there are differences between provinces and territories, the core principle of impaired driving laws remains the same: to prevent harm to oneself and others on the road. If you're unsure about the impaired driving laws in your province or territory, it's best to consult with a legal professional or law enforcement agency.

In Canada, administrative licence suspension (ALS) programs are enforced differently by each province and territory. Here's an overview of how some provinces enforce ALS programs:

1. Alberta:
   • The Alberta government has an ALS program that suspends the licence of a driver who fails a roadside breath test or refuses to provide a breath sample.
   • The suspension is automatic and can be imposed by a peace officer at the roadside.
   • The suspension can last from 3 to 30 days, depending on the circumstances.
2. British Columbia:
   • BC has an ALS program that suspends the licence of a driver who fails a roadside breath test or refuses to provide a breath sample.
   • The suspension is imposed by a peace officer at the roadside and can last from 3 to 90 days.
   • The driver can appeal the suspension to the Superintendent of Motor Vehicles.
3. Ontario:
   • Ontario has an ALS program that suspends the licence of a driver who fails a roadside breath test or refuses to provide a breath sample.
   • The suspension is imposed by a peace officer at the roadside and can last from 3 to 90 days.
   • The driver can appeal the suspension to the Licence Suspension Hearing Office.
4. Quebec:
   • Quebec has an ALS program that suspends the licence of a driver who fails a roadside breath test or refuses to provide a breath sample.
   • The suspension is imposed by a peace officer at the roadside and can last from 3 to 30 days.
   • The driver can appeal the suspension to the Administrative Tribunal of Quebec.
5. Saskatchewan:
   • Saskatchewan has an ALS program that suspends the licence of a driver who fails a roadside breath test or refuses to provide a breath sample.
   • The suspension is imposed by a peace officer at the roadside and can last from 3 to 30 days.
   • The driver can appeal the suspension to the Saskatchewan Government Insurance Board.

Common features of ALS programs in Canada include:

• Automatic suspension: The licence is suspended immediately after the roadside breath test or refusal to provide a breath sample.
• No criminal conviction required: The ALS program does not require a criminal conviction for impaired driving.
• Appeal process: Drivers can appeal the suspension to a designated authority, such as a tribunal or a government agency.
• Licence reinstatement: The licence can be reinstated after the suspension period ends or after an appeal is successful.

It's essential to note that ALS programs can vary significantly between provinces and territories, and the specific rules and procedures may differ. If you're unsure about the ALS program in your province or territory, it's best to consult with a legal professional or law enforcement agency.