Teenage drinking and driving

Jessica  is 17 years old. She doesn't own a car, but she's been saving up money from her part time job to eventually purchase her own car in the near future. In the meantime, Jessica drives around her mother's car whenever she needs to.  Jessica is the only one among her friends who has a driver's licence, so her friends often depend on her to give them a ride.

One night there was a dance taking place at her school, and all the students were planning to attend.   Jessica was very excited for this dance because her exams were finally all over.  She was looking forward to partying and celebrating with her classmates. Many of Jessica’s friends were planning on getting wasted at the dance and she ensured them that she'd remain a designated driver for them. Although Jessica and her friends were below Ontario’s legal drinking age, they still planned to drink.

Jessica ended up drinking along with her friends during the party. She knew how dangerous it is to drink irresponsibly, but she continued to drink through the party along with her friends, even though she knew that she was supposed to drive everyone home safely.

Although Jessica didn't drink as much as her friends she still had a high amount of alcohol in her system , enough to possibly impair her driving ability.  Jessica has heard of the effects of drinking and driving countless times and she knows that drinking and driving can lead to accidents that claim lives.  She knows that driving home would put many innocent lives, including those of her friends, at risk.

Why does drinking and driving lead to accidents?

When a person drinks alcohol, it affects their ability to see and think about things the way that they normally do.  Ability to judge distances, to respond quickly to changes on the road, and to see clearly can all be affected.  All this means that accidents are more likely to happen when someone drinks and drives.

The amount of alcohol in a person’s body is measured by how much alcohol is in their blood.  This is called blood alcohol concentration, or BAC.  Your BAC is affected by factors like how much you drink, how fast you drink, your gender, your body weight, and how much food is in your stomach.  Because these factors change based on the individual person, it is very hard to know how much drinking will lead to impairment of your driving abilities.  It’s also very hard to assess your own BAC or impairment.  Overall, a higher BAC means that the alcohol you’ve drunk will have a greater impact on your driving performance.

What are the consequences of drinking and driving?

Drinking and driving leads to accidents, including death and injury.  It accounts for almost 25% of car accident deaths in Ontario.  However, it can also lead to charges being laid against the driver, fines and licence suspensions, and the impoundment of a vehicle.

In Ontario, if you are 21 and under, there is a zero blood alcohol concentration (BAC) rule while driving.  This means that regardless of which kind of licence you have (G, G1, G2), if you are caught with any alcohol in your blood, you will receive an immediate 24-hour roadside driver licence suspension.  You will likely then be charged with impaired driving.  If you are convicted of the charge, you can be fined between $60 and $500, and your licence can be suspended for 30 days.  If you are a young driver with a G1 or G2 licence, you can face even stricter consequences, including being returned to the start of the Graduated Licencing System.  For example, this means that if Jessica has her G2 and is caught drinking, she may lose her G2 licence (which allows her to drive her friends unaccompanied by an adult) and be returned to the start of the licensing process.

Higher BACs (between 0.05-0.08, and above 0.08) lead to even more severe consequences.

What are Jessica’s other options?

Jessica chose to drink even though she had agreed to be the designated driver.  Now  she has another decision to make: drive home or find alternative options.  If Jessica chooses to drive home, she risks the safety of herself, her friends, and others on the road.  She also risks being caught driving while impaired, either because of an accident or because she is stopped by a police officer, which could have a serious impact on her ability to drive.  If she drives home drunk, she will also have to consider what will happen if her mother finds out about what she has done.

Instead of driving home, Jessica can find out whether one of her friends has a parent or sober friend who would be willing to pick them up.  Jessica can pick up the car from school in the morning.  If one of her friends lives nearby, everyone might be able to stay there for the night.  Or, Jessica and her friends can share a cab – 1-888-TAXIGUY is a toll-free number which is available in 250 towns and cities across Ontario.  It connects callers directly to a partner taxicab in their city.  All of these are good options for Jessica and her friends.

JFCY has posted about drinking and driving in the past - check out these past posts for more information: July 2012 ; September 2011

The scenario for this post was written by Deqa Abdi, a volunteer member of the JFCY PLE Team. The legal info was written by JFCY volunteer Leora Jackson, a UofT law student.  Reviewed by JFCY. 

Teenage Drunk Driving

Scenario:

Johnny,17, was at a party at the start of the summer and he wanted to celebrate. At this party they were serving alcoholic drinks. Johnny had 6 beers to drink. After some dancing, he decided to go home because he had a 2 AM curfew.

Johnny: I need to get home before 2am or my parents are going to be so mad!

Sam: You can’t drive home you had a lot to drink.

Johnny: It’s okay dude, I can handle it. My place is only a 15 minute drive away.

Sam: I really don’t think you should drive, you can’t even walk in a straight line.

Johnny: Dude, seriously relax, I will be fine

Sam: Alright, if you say so. Call me when you get home.

Johnny: Peace!

Did Sam handle the situation well? Since Johnny was intoxicated, Sam could have taken matters into his own hands and taken Johnny’s car keys away.

As Johnny was driving home, he saw sirens in his rear view mirror, it was the police. Johnny pulled over and waited for the police officer to approach his vehicle. Johnny was very afraid at this moment because he was worried about being charged with some form of drunk driving offence.

Officer: Can I see your license and registration please?

Johnny: Yes, you can.

Officer: You smell like alcohol. Have you been drinking tonight?

Johnny: I had a little bit to drink Officer.

The police asked him to submit to a breathalyzer sample. Not wanting to get in any more trouble, Johnny complied and blew into the breathalyzer. His blood alcohol content revealed that he had more than 80 mg of alcohol per 100 millilitres of blood. The officer arrested Johnny on the spot and he is now concerned about the legal ramifications of what he has done.

The Law: Impaired Driving and Driving with Blood Alcohol Over 0.08

There are a number of legal issues at work here. This blog post post focuses on drunk driving. Please read other JFCY posts on underage drinking; see also Concerts and Underage Drinking, and on what happens if you drive with alcohol in your system on a G2 license.

Across Canada, it is a criminal offence to operate a vehicle while impaired by alcohol or drugs and/or while having a blood alcohol content of 80 milligrams of alcohol in 100 millilitres of blood or more  (called “0.08”).

With high blood alcohol levels, adults and youths may be charged with impaired driving. Impaired driving, which means driving while your ability is affected by alcohol or drugs, is a crime under the Criminal Code of Canada under Section 253(1)(a). Driving with a blood alcohol content of 0.08 or more is also a crime under Section 253(1)(b). Your vehicle does not even have to be moving; you can be charged if you are impaired behind the wheel, even if you have not started to drive. If convicted or found guilty, you will be sentenced by a court.  

It is also a criminal offence to refuse to provide a breathalyzer sample without a reasonable excuse. Not knowing you have to provide a sample, or saying that a lawyer told you not to blow for a breathalyzer are NOT reasonable excuses. This is covered by Section 254 of the Criminal Code which also explains how the breathalyzer process works.

Since Johnny is a youth, between the ages of 12 and 17, the Youth Criminal Justice Act applies to him. As a result it is not possible to predict as clearly what sentence he could get if found guilty. However, this also changes the way the police officer must interact with Johnny. For example, s. 146 of the YCJA imposes a different standard for obtaining evidence, not binding youth to certain written and/or oral statements that were obtained when the youth didn’t have the opportunity to speak with a parent and/or alawyer.  Also, police must speak to youth using words that the youth is able to understand.  

Please note that there are additional penalties related to the Highway Traffic Act in Ontario that will apply. Please see the JFCY blog post on G2 license offences for more information.

Now although this scenario didn’t turn out fatal, it is very possible it may have. Johnny might have killed someone on his way home. This is one fatally which happened in Toronto recently. This was the end result...

The scenario and conclusion were written by PLE Team volunteer Diana Rozo (a York U student).  Legal info was written by JFCY summer law student Jeremy Ozier and reviewed by JFCY.