Drinking and Driving

The words "drinking & driving" are used by governments, lobby groups, the media, and some members of the public to describe the operation of a motor vehicle while in a state of incapacity to drive due to alcoholic or drug intoxication. But the expression "drinking and driving" is not found in the Criminal Code of Canada.
Canada has two main substantive criminal offences concerning drunk driving or DUI / DWI:

• while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug. This drinking & driving offence is proven by evidence of bad driving and various indicia of impairment observed such as slurred speech, difficulty with standing or walking, red glassy or bloodshot eyes, etc...
• having consumed alcohol in such a quantity that the concentration in the person's blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood. The drinking and driving offence of “over 80” is usually proven by breathalyzer tests that determine blood alcohol concentration using an approved instrument. Blood tests are used in drinking and driving cases where breathalyzer tests are not practicable.

The usual penalty for a first Drinking and  Driving offence in Canada is a fine. The minimum second Drinking and Driving offence penalty is 14 days in jail. The minimum penalty for a third Drinking and Driving offence is 90 days in jail. There is always a prohibition of driving for a minimum period of one year.

The offences of impaired driving and over 80, also described as impaired operation of a motor vehicle and excess blood alcohol, require the assistance of a lawyer. There are many technical defences to drunk driving related charges. For example, the results of any test taken may be rendered inadmissible if the police fail to comply with certain technical requirements under the Criminal Code of Canada or the Charter of Rights. (Reason for the stop, Right to Counsel, etc...).