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Impaired driving is a criminal offence when a person’s ability to properly operate or have control over a motor vehicle is compromised and impaired by the consumption of alcohol or drug(s). It is a deterioration of an individuals judgement, as well as a decrease in their physical capacity. (Impaired Driving, 2019).

If an incident takes place, it can affect a multitude of people. It is morally wrong whether or not an incident takes place.

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What are the penalties for Impaired Driving?

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What are the penalties for Impaired Driving?

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Alcohol-impaired

Charge:

Alcohol-impaired driving

Having a Blood Alcohol Concentration (BAC) at or over 80mg per 100ml of blood within 2 hours of driving

Penalty:

1st offence: Mandatory minimum $1000 fine; Maximum 10 years imprisonment

2nd offence: Mandatory minimum 30 days imprisonment; Maximum 10 years imprisonment

3rd offence: Mandatory minimum 120 days imprisonment; Maximum 10 years imprisonment

Drug-impaired

Charge:

Drug-impaired driving

Having 5ng or more of THC per ml of blood within 2 hours of driving

Any detectable level of LSD, psilocybin, psilocin, ketamine, PCP, cocaine, methamphetamine, 6-mam within 2 hours of driving

Having 5mg or more of GHB per 1 litre of blood within 2 hours of driving

Penalty:

1st offence: Mandatory minimum $1000 fine; Maximum 10 years imprisonment

2nd offence: Mandatory minimum 30 days imprisonment; Maximum 10 years imprisonment

3rd offence: Mandatory minimum 120 days imprisonment; Maximum 10 years imprisonment

Combination

Charge: Having a BAC of 50mg per 100ml of blood + 2.5ng or more of THC per 1ml of blood within 2 hours of driving

Penalty:

1st offence: Mandatory minimum $1000 fine; Maximum 10 years imprisonment

2nd offence: Mandatory minimum 30 days imprisonment; Maximum 10 years imprisonment

3rd offence: Mandatory minimum 120 days imprisonment; Maximum 10 years imprisonment

Charge: Refusal to comply with demand for sample

Penalty:

1st offence: Mandatory minimum $2000 fine

2nd offence: Mandatory minimum 30 days imprisonment; Maximum 10 years imprisonment

3rd offence: Mandatory minimum 120 days imprisonment; Maximum 10 years imprisonment

Drug-impaired driving: Summary conviction

Charge: Having over 2ng but less than 5ng of THC per ml of blood within 2 hours of driving

Penalty: Maximum $1000 fine

Charge: Impaired driving causing bodily harm

Penalty:

Summary conviction: maximum 2 years imprisonment less a day

Indictment: maximum 14 years imprisonment

Charge: Impaired driving causing death

Penalty:

Indictment: Maximum life imprisonment

Charge: 1st offence + BAC of 80-119 ml

Penalty: mandatory minimum $1000 fine

Charge: 1st offence + BAC of 120-159ml

Penalty: mandatory minimum $1500 fine

Charge: 1st offence + BAC of 160 mg or more

Penalty: mandatory minimum $2000 fine

(Impaired Driving Laws, 2019).

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Case Study:
In Vaughan, Ontario on September 25 2015, upon Marco Muzzo's return home from his bachelor party (in Miami), he decided he could drive himself home (with a blood alcohol consumption of 190-245/100 millilitres of blood). During this drive, he failed to properly stop at a stop sign and struck another vehicle on their driver's side. Gary Neville (65), Daniel Neville-Lake (9), Harrison Neville-Lake (5), and Milagros Neville-Lake (2) all died from injuries they sustained as a direct result of the collision, as well damages to those also in the van who's conclusion was not fatal.

Muzzo immediately plead guilty without having had a preliminary inquiry. He was sentenced to 10 years behind bars as well as prohibition from driving after 12 years in addition to the period of imprisonment. He was convicted of multiple charges:

1. On Count 1, impaired driving causing the death of Gary Neville, to ten years in jail less credit for the equivalent of eight months of pre-sentence custody, leaving a sentence to be served of nine years and four months in the penitentiary

2. On Count 2, impaired driving casing the death of Daniel Neville-Lake, to nine years and four months in the penitentiary concurrent

3. On Count 3, impaired driving causing the death of Harrison Neville-Lake, to nine years and four months in jail in the penitentiary concurrent

4. On Count 4, impaired driving causing the death of Milagros Neville-Lake, to nine years and four months in the penitentiary concurrent

5. On Count 13, impaired driving causing bodily harm to Josefina Frias, to five years in the penitentiary concurrent

6. On Count 14, impaired driving causing bodily harm to Neriza Neville, to five years in the penitentiary concurrent

[R. v Muzzo, 2016 ONSC 2068 (CanLII)].

He had a parole hearing in November 2018 which was ultimately denied. Muzzo can appeal today's decision within two months. He can reapply for day parole and full parole in one year, according to the Correctional Service of Canada. The National Parole Board doesn't have to review his request for another five years because he was responsible for the deaths of four people (McLaughlin, 2018).

This case is very recent and took place close to home. It is utterly tragic; one person's lack of proper judgement can lead to a mistake that has the ability to both end and ruin multiple lives.

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4]I appreciate that regardless of the length of the jail term that I impose today, the time will come when Mr. Muzzo will be released from custody. He will have the opportunity to return to his home, his work, and the company of those who love and support him.

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Website/Article #1: MADD stands for Mother's Against Drunk Driving. I'm sure you may have heard of them if any of you attended any sort of driving school. As I recall, I was shown a lot of videos produced by MADD that would essentially scare you into not participating in reckless impaired driving. It is a volunteered driven charitable organization, officially registered. The name provides a snippet of history; it was essentially created by those who were suffering and frustrated from situations caused by impaired driving. They do a number of things, including victim/survivor services, youth services, public awareness and education, public policy, as well as anti-impaired driving technology. They provide hard facts, powerful victim testimonials, volunteer opportunities, and so much more. They can be found on various social media sites for easy access: Facebook, Twitter, and Instagram. I would highly encourage checking them out. They deliver a lot of paramount information and opportunities (https://madd.ca/pages/).

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MADD Canada's mission is to stop impaired driving and to support victims of this violent crime. If you need support, call us: 1-800-665-6233 Victim/Survivor Stories More Victim/Survivor stories What's new More

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Website/Article #2: The DUI page on Pardons offers a wide range of information. They start with the basics, move on to what happens if a conviction takes place, grey areas, what restrictions you have with a DUI record, and how you can receive a pardon/record suspension (Is DUI a Criminal Offence in Canada?, 2018).
It was quite interesting to digest.

I am profoundly sorry for the victims I've discovered throughout gathering content for this assignment. However, I'm a person who really believes in second chances. Therefore, I am not entirely sure of my exact stance. Do you have any thoughts or comments?

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If you've been convicted of driving under the influence (DUI), you should know that in Canada, DUI has been considered a Federal Criminal Offence since 1921. In Canada, the term impaired driving is used when referring to the criminal offence of operating a motor vehicle while under the influence of drugs or alcohol. A DUI offence is the most common type of criminal charge in the nation.

It's punishable under the Criminal Code if your blood alcohol level exceeds 80 milligrams of alcohol in one hundred millilitres of blood (.08).

DUI Basics

If an officer pulls you over and has reasonable grounds to suspect you are under the influence of alcohol within the last three hours, they may ask you first to perform a physical coordination test. If after performing the physical coordination test the officer believes you are under the influence, you may be requested to provide a breath sample.

Reasonable grounds include observations such as erratic driving or smell of alcohol on your breath. If for some reason you're not able to provide a breath sample, a blood test may be performed by a medical professional.

If you're suspected to be under the influence of drugs and alcohol, you may then be referred to an evaluating officer who will determine if there are reasonable grounds to request a blood or urine sample.

Committing a DUI

If an officer has reasonable grounds to believe you committed an offence, you may be arrested. Or if you fail to comply with a breath sample, you can still have your license suspended for 90 days. In Alberta, this time period expands to 6 months if you cause any bodily harm.

Being Convicted of a DUI

Each province and territory have its own suspensions and fines. Some rehabilitative courses may also be required to be taken. If you fail to comply with the tests without a reasonable excuse, and the officer was operating on reasonable grounds to pursue breath, blood or urine samples, this is considered a criminal offence.

If however, it's later determined that the officer did not have reasonable grounds, then the case may go to trial, and the taking of breath samples may be in violation of Section 8 of the Canadian Charter of Rights and Freedoms.

Grey Areas

What if you submit a breath sample that is not quite at .08 but is still a considerable amount? You may still be subject to penalties including suspension of your driver's license for a period of time. The allowable blood alcohol concentration (BAC) differs for each province and territory, and each jurisdiction has differing penalties ranging from 12 to 24 hours suspension.

Canada Cracks Down on Impaired Driving

Since 2008, the Government of Canada has introduced more rigid restrictions and stiffer penalties when it comes to impaired driving. This was introduced in the Tackling Violent Crime Act. The new measures include:

A BAC of zero for all new drivers in all provinces.

Allowing the use of field sobriety tests by officers under reasonable grounds.

Increasing penalties to:

First offence: $1000 fine

Second offence: 30 days in jail

Third offence: 120 days in jail

What Happens if I Have a DUI Record?

You may be turned away from a potential employer after failing a background check.

You may lose your current job if they decide to do a background check.

You may be turned away at the US border. While a single DUI is not necessarily grounds to turn you away, multiple DUI convictions or a combination of lesser offences may make you inadmissible. You might need to attain a waiver to gain entry to the US with a DUI.

You may have difficulty getting bonded (insured) as the cost of insurance goes up if you have a criminal offence.

Can I Receive a Pardon/Record Suspension?

It's important to pay your fine as soon as possible because you may apply for a pardon five years after the date your fine is paid. You don't have to wait five years before you begin your application process. With Pardons Canada, we can help you gather all necessary paperwork beforehand and begin the process as the entire procedure may take between 10 to 20 months. Any information you provide to a counsellor at Pardons Canada is kept confidential.

Need help with receiving a DUI Pardon? Call Pardons Canada toll free at (877) 929-6011.

Pardons Canada undertakes all necessary steps and procedures for removing your criminal record, including: Pardons/Record Suspensions, Purges, Photograph & Fingerprint Destruction, and U.S. Entry Waivers.

Related posts

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DUI in Canada - Is DUI a Criminal Offence in Canada? | Dui Pardon

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If you've been convicted of driving under the influence (DUI), you should know that in Canada, DUI has been considered a Federal Criminal Offence since 1921. In Canada, the term impaired driving is used when referring to the criminal offence of operating a motor vehicle while under the influence of drugs or alcohol.

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Website/Article #3: This article discusses the fairly recent changes to Impaired Driving laws which I'm sure you all have heard of. It was brought to attention that a change was required, as incident statistics have heavily increased - "According to federal statistics, an average of almost four people die in Canada daily due to impaired driving." As of December 18th, there is now a mandatory alcohol screening (whether suspicious action took place or not); no more "bolus drinking defence" (meaning alcohol hasn't been fully absorbed yet - now you cannot be over the limit within two hours of being behind the wheel); updated penalties (which are listed within the article). There is both heavy criticism and immense support to follow this change (Abedi, 2018).

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Canada's new impaired driving laws kick in Tuesday, giving law enforcement new powers when it comes to interacting with drivers.
READ MORE: How many drinks is too many under new impaired driving rules?
Alcohol-related impaired driving laws will be updated in the Criminal Code of Canada as of Dec. 18, in order to become comparable with drug-impaired driving laws that were reformed earlier this year.
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Changes to both drug and alcohol impaired driving come as part of the former Bill C-46, which aims to make Canada's laws "amongst the strongest in the world."
WATCH: Mandatory impaired driving laws to hit the roads before the holidays
Here are some key changes:
Mandatory alcohol screening
The new laws will give police officers the authority to demand breathalyzer tests from any driver they pull over. Previously, officers could only test drivers if they had a reasonable suspicion the person was impaired. Any driver who refuses to take the test can be charged.
WATCH: Challenge coming for new drunk driving laws
These stronger laws are similar to ones in several other countries around the world, such as Australia, Denmark, France and Germany. In Ireland, mandatory screening reduced the number of road deaths by about 40 per cent in the first four years it was enforced.
No more 'bolus drinking defence'
Before Dec. 18, drivers could use the "bolus drinking defence," arguing that they consumed alcohol just before driving and it was not absorbed yet.

The new law eliminates this defence, by making it illegal to be at or over the alcohol limit within two hours of being behind the wheel.
READ MORE: Heavy share of Canadian pot users admits to driving within 2 hours of toking up, study says Updated penalties
The new law also bumps up the maximum penalties for many alcohol-impaired driving offences.

Formerly, the mandatory minimum fines were: $1,000 for first offence, 30 days imprisonment for second offence, and 120 days in jail for a third offence.

These are the penalties now:

First offence, with blood alcohol content of 80-119 mg: mandatory minimum $1,000 fine

First offence, with blood alcohol content of 120-159 mg: mandatory minimum $1,500 fine

First offence, with blood alcohol content of 160 mg or more: mandatory minimum $2,500 fine

First offence, but refuse to be tested: mandatory minimum $2,000 fine

Second offence: mandatory minimum 30 days imprisonment

Third or more offence: mandatory minimum 120 days imprisonment

Maximum penalties for impaired driving causing no bodily harm or death: summary conviction carries two years less a day imprisonment, indictment carries 10 years imprisonment

Maximum penalties for impaired driving causing bodily harm: Summary conviction for less severe injuries carries two years less a day imprisonment, indictment carries 14 years imprisonment

Maximum penalty impaired driving causing death: life imprisonment

WATCH: York Regional Police begins naming drivers charged with impaired driving
Criticism of new laws

While the new laws have been welcomed by Mothers Against Drunk Driving Canada, several groups have raised concerns.

Toronto-based lawyer Michael Engel, who often defends those charged with impaired driving, said the new rules are a big change that raise concerns about baseless searches.

"This is a radical departure from previous law, which insulated people against warrantless searches without probable cause," he said.

Civil rights organizations have also sounded alarms about the new rules, with the Canadian Civil Liberties Association expressing concern that mandatory alcohol screening will unfairly affect racial minorities who are disproportionately singled out by cops for traffic stops.
WATCH: Drunk driver uses tragedy to save lives
Impaired driving, by the numbers

Last year, there were more than 69,000 police-reported impaired-driving incidents - about 3,500 were related to drugs.

In 2016, there were more than 70,000 such incidents, and 3,000 were drug-related.

According to federal statistics, an average of almost four people die in Canada daily due to impaired driving.
WATCH: New, tougher impaired laws are now in effect in Canada when it comes to breathalyzer tests. Jill Croteau has more on what you can expect if you get pulled over. - With files from The Canadian Press

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Canada's new impaired driving laws are now in effect - here's what to know

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Canada's new impaired driving laws kick in Tuesday, giving law enforcement new powers when it comes to interacting with drivers. READ MORE: How many drinks is too many under new impaired driving rules? Alcohol-related impaired driving laws will be updated in the Criminal Code of Canada as of Dec.

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Image #2: This image is similar to the first, with an attempt to display the consequences of your actions. It's meant to provide a fear appeal, which hopefully (and mostly) influences the behaviour of the audience. It displays a police car, an ambulance, and a hearse. The police car implying legal consequences; the ambulance meaning serious injuries (and legal consequences afterwards; if you live, that is); the hearse indicating fatality. The taxi is evidently the ideal choice. With just the click of a couple of buttons, or a request to someone who has a phone, you can dial up a taxi, and get home safe. Sure, it may cost you some money. But would you rather it cost you your life? (Hills, 2016)

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Image #1: This image shows the possibilities of driving impaired. There are a number of outcomes: hurting yourself, killing yourself, hurting someone else, killing someone else, ending up in prison for the rest of your life, etc. It is also important to mention that nothing can happen. I'm sure there are a number of people who will not admit that they have driven under the influence before. Why would they if they were not caught? A short drive home around the corner from the bar with 0 consequences. They could be considered the lucky ones, as well as everyone else who was driving on the same road(s) that night. Just because they had the chance to get away with it, doesn't mean they will the next time. It also doesn't make it right or safe. It is a huge game to gamble; is it really worth the risk? (Media Release, 2018)

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Video #1: This is a short ad from Budweiser a couple of years ago. It promotes responsible drinking from a rather emotional perspective, pointing out that if you do this, you may never see your beloved animal friend(s) again. We are unaware of what has happened to the owner as we remain with the dog all night, and we get to view his painful and worrisome reaction. In the end, we discover he made the right choice (Budweiser, 2014). I was relieved. As both a dog and cat owner, I couldn't imagine doing this to them, let alone anyone directly/indirectly involved in a potential collision. It really made me think of the magnitude of this crime; it impacts a lot more than we initially think.

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Video #3: This is Jennifer Neville-Lake, the mother of the three children as well as the daughter of the older man killed in the harrowing drunk-driving incident by Marco Muzzo. The video takes place right after receiving the news of Muzzo's sentencing. She describes her dissatisfaction - the fact that Muzzo received 10 years in jail. She cannot resist from drawing a connection to the daunting certitude - none of her children got to see 10 years. She discusses her nightmare decision of having to decide which child to let go first. She then pulls out a green booklet filled with photos of her father and mother that culminated with images of the crash and the urns filled with the ashes of her children. She recounts how choices connect to actions and consequences. She gives a brief synopsis of her life, leading to the day Muzzo made his mistake which resulted in an insufferable loss. She encourages the audience not to make the same mistake (CBC News, 2016).

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Jennifer Neville-Lake speaks emotionally after Marco Muzzo sentencing

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Heartbroken mother speaks to reporters after Marco Muzzo is sentenced to 10-years.

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Video #2: "Yes Mum" was one of two winners for the Make a Film, Make a Difference award. That year, young filmmakers were called to create a piece that would challenge young people's attitudes to driving and encourage them to look out for their mates. It takes you on a psychological and emotional ride; he spends almost the full duration of the video on the phone with his mom. We are shown colourful flashes of him and his friends drinking and partying while driving, but when we see his face, we are met with dull and almost monochromatic cinematography (which along with his facial expression, tells us something has gone wrong). He begins to tear up as we begin to realize it's much worse than we imagined. They slowly begin to descend underwater, as they are stuck in the car. They ultimately drown, due to drinking and driving (Burton, 2012). As we witness this innocent conversation with his mom and the emotions that are displayed as they realize it is coming to an end, we are struck with the horrific realization that this is the last conversation he will ever have with his mom, due to his inappropriate actions. Although my mom has passed, I could never imagine doing this to her, or my father. A mistake that could have been so easily avoidable has now cost him (and his mates) their lives, as well their family's happiness (assumably) and potentially their lives as well.

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Yes Mum - MAFMAD Winner 2012 - Make a Film Make a Difference

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When you learn content as serious as this, there can be much to reflect on. It really altered my perspective. I was not aware that the numbers were so high, and that this was such an issue in our society. I am surprised that we are not undergoing more exposure. The incidents are unbelievably horrific. But it's crucial to believe. The way that someone can absolutely ruin lives just from one choice is so devastating. It is powerful to remember the consequences of your choices. Just because you've gotten away with it before, does not mean you will get away with it again. Please do not drive impaired.