The Law About Drinking & Driving

Andy and Sam, both grade twelve students, are looking forward to an exciting weekend. Andy’s parents are out of town and have agreed to let him use their car while they’re away. Andy has just passed his G2 driving test and is eager to cruise around town with his friends.     

One of Andy and Sam’s friends is having a huge party this weekend. Because the house party is in another neighborhood about thirty minutes away from where Andy and Sam live, Andy happily offers to drive to the party. On the way, Sam shows Andy the six-pack of beer he snuck out of his house. Andy refuses, saying he’s not going to drink at the party because he’ll be driving later.

A couple hours later, Andy feels a bit out of place, as everyone else at the party is drinking. He decides to have one beer, thinking that he will still be able to drive safely if he only has one. However, after having the first beer, Andy has three more, thinking that he might as well enjoy himself, and anyway, he feels fine.

As the party winds down, Sam and Andy decide to leave. Sam notices that Andy doesn’t look too steady, and stumbles a bit on the way to the car. When he learns that Andy has had four beers, he tells him that they should probably call a taxi or stay at their friend’s house, because he is too intoxicated to drive. Andy brushes him off, and tells him that he’s fine to drive home. Although Sam has a G2 licence, he knows that he has also had too much to drink to drive.

What are the legal ramifications of drinking and driving, specifically for young people under the age of 21, and for G2 drivers?

 http://www.voiceonline.com/drivers-fined-for-drunk-driving-earlier-will-not-get-refund/

Drinking and driving is a deadly combination and a serious issue. It can lead to injury and death to other drivers on the road as well as other passengers in the car. In fact, drinking and driving accounts for 25% of deaths in Ontario. For this reason, the legal ramifications are quite serious. There can be charges laid against the driver, fines and licence suspensions, jail time and a vehicle being impounded.

Ontario Law

In Ontario, the police have the power to (a) stop drivers at random to determine whether to test for alcohol (via a breath test) (b) suspend your driver’s licence for novice drivers and all young drives below the age of 21, who at roadside for recording  have over a zero blood alcohol concentration (BAC) or (c) suspend driver’s licence at roadside for recording 0.05  or over on a breath test and BAC for all other categories of drivers. This means that if you are under 21 years old, 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 only a G1 or G2 licence, you can face even stricter consequences, including being returned to the start of the Graduated Licencing System.  As Andy is only 16 years old and has just gotten his G2 license, he is considered a novice driver. This means that if he is caught drinking, he will be subject to any of the above. He may lose his G2 licence (which allows him to drive her friends unaccompanied by an adult) and be returned to the start of the licensing process.

Source: Ontario Ministry of Transportation Drinking and Driving Brochure 

Criminal Code of Canada

Andy can also face more serious consequences. Higher BACs (between 0.05-0.08, and above 0.08) lead to even more severe consequences. 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 (800mg of alcohol/100 mL of blood) or more is also a crime under Section 253(1)(b). Interestingly, the vehicle does not even have to be moving. The driver can even be charged if impaired behind the wheel, even if he/she has not started to drive and the keys are not in the ignition. 

The provisions of drinking and driving offence in the Criminal Code of Canada: Operation While Impaired

253. (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

(a) While the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or

(b) 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.

According to Section 254 of the Criminal Code, if the police have reasonable grounds to suspect that a person is under the influence of alcohol, it is an offence to refuse to take a physical coordination test or breath test.

Youth Criminal Justice Act

Since Andy is a youth (between the ages of 12-17), the Youth Criminal Justice Act will apply to him, and not the Criminal Code offences. 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 a lawyer.  Also, police must speak to youth using words that the youth is able to understand.  

REMEMBER:

Every injury and death caused by impaired driving is entirely preventable. There are other options and if you are ever in the same situation as Andy and Sam do not forget: Call a taxi, call a friend or a parent, walk home if you or carpool with others who haven't been drinking. Don't ever let your friends drive drunk. Take their keys, have them stay the night, or do whatever else is necessary - but don't let them drink and drive!

This blog scenario was written by Rachel Kattapuram, a first year law student at the University of Toronto and a volunteer on the JFCY's PLE Team. The legal content was written by Lauren Grossman, a first year law student at the University of Toronto who is volunteering at JFCY as the PLE team leader through her law school's Pro Bono Students Canada program. All legal content was reviewed by a JFCY lawyer. 

The Law and Youth Novice Drivers in Ontario: Part 3

Being young and driving with a G2 license in Ontario: What the law says

This is Part Three of a three-part series on the law around novice driving and graduated licensing in Ontario. To see the scenarios on which this part is based, click here and here. The legal info was written by JFCY. 

Image source: http://www.ontario.ca/driving-and-roads/buy-or-sell-used-vehicle-ontario

Novice Drivers in Ontario

Before getting behind the wheel, youth novice drivers should be informed of various different laws, including the G2 License rules, the Highway Traffic Act, the Liquor Licence Act and the Criminal Code ofCanada.  

G2 License rules and possible offences

The G2 License rules come from regulations under the Highway Traffic Act, specifically the Regulation called Driver’s Licenses, which sets out most of the rules regarding G2 licenses.

Number of Passengers:

Novice drivers must be careful about following the rules on number of passengers allowed while driving with a G2 license. During the day, the number of passengers is limited to the number of working seatbelts. However, at night the rules are more restrictive.

If a novice driver has had their G2 license for less than six months and is aged 19 and under, s/he cannot carry a passenger aged 19 and under between midnight and 5 a.m. After the first six months, G2 drivers aged 19 and under cannot carry more than three passengers aged 19 and under between midnight and 5 a.m.

These restrictions do not apply to a G2 driver aged 19 and under if the G2 driver is accompanied by a G class driver in the front seat, or the passengers are immediate family members.

Under the graduated licensing system, what are the consequences of drinking and driving for novice drivers?

Drinking and driving leads to accidents, including death and injury.  It can also lead to charges being laid against the driver, fines and license suspensions, and the impoundment of a vehicle.

In Ontario, if you are age 21 and under, there is a zero blood alcohol concentration (BAC) rule while driving.  (See s. 44 of the Highway Traffic Act) 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. There are also possible criminal charges (see below). 

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 Licensing System.  For example, this means that if a young person has her/his G2 and is caught drinking, s/he may lose her G2 licence (which allows her/him 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.

Criminal Code offences

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.

If the person being charged is between the ages of 12 and 17, the Youth Criminal Justice Act will apply to them.  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 these young people. 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.  

Liquor License Act offences

It is an offence under s. 32 of the Liquor License Act to operate a motor vehicle while there is open alcohol in the car.  You can be charged even if you are not the person drinking and even if you have had nothing to drink at all.

Caught in a bind? What are some other options?

Sometimes youth and novice drivers chose to drink even though they had agreed to be the designated driver.  Now they have another decision to make: drive home or find alternative options.  If an impaired person chooses to drive home, they risk the safety of themselves, their friends, and others on the road.  They also risk being caught driving while impaired, either because of an accident or because they are stopped by a police officer, which could have a serious impact on their ability to drive in the future.  If they drive home drunk, they may also have to consider what will happen if their parents/guardians find out about what they have has done.

Instead of driving home, drivers who have been drinking can find out whether one of their friends has a parent or sober friend who would be willing to pick them up.  They can pick up the car in the morning.  If one of their friends lives nearby, everyone might be able to stay there for the night.  Or, they and their friends 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. 

This post was written by JFCY. 

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. 

Drunk Driving

Scenario (by Cydney Kim)

Michael and Fred are 16 year old friends who love parties. One night, they decide to attend a party at the other end of town. Michael arranges to be picked up by his parents late at night. When Fred’s 20 year old brother drops the two friends off at the party, he leaves his car there for Fred to use.

The party is far from over when Michael suddenly gets a headache and decides to go home. Although Fred offers to drive him home in his brother’s car, Michael is unsure whether Fred can actually drive. Fred assures him that he has just received his ‘G1’ and has been taking driving lessons. However, Michael refuses and Fred drives off alone in anger.

Meanwhile, Michael’s parents are at home enjoying a bit of whiskey. When they receive Michael’s call, they don’t feel drunk at all and head towards the party, with Michael’s mom driving. As soon as Michael steps into the car, he senses that his parents seem a bit weird but he doesn’t say anything and they head home. 

Both Fred and Michael’s mom get stopped by the cops that night.

What are Fred’s legal issues?  What are Michael’s mom’s legal issues? 

Both Fred and Michael’s mom could be charged with criminal offences as a result of their actions.

Adult charges

If Michael’s mom had enough alcohol, she could 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). Across Canada, it is a criminal offence to operate a vehicle while impaired and/or while having a blood alcohol content  of 80 milligrams of alcohol in 100 millilitres of blood or more. If someone is convicted, they can lose their license, be fined, or spend time in jail. The 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.

Youth Charges

Fred’s legal issues are different since he is 16 years old and does not have a licence. He could still be found guilty of the same criminal offences as Michael’s mom.  However, different procedures apply to Fred since he is under age 18. The Youth Criminal Justice Act applies to his situation, and this changes the way the police officer must interact with Fred. For example, s. 146 of the Act imposes a different way to obtain evidence, not binding youth to certain written and/or oral statements. He has the right to have a parent present when he is being questioned by the police.  The Act also leaves open a larger and more varied sentencing options and ways of resolving cases.  If Fred decides to plead guilty, or loses a trial, he would not be “convicted” of the offences.  Unlike adults, youth are “found guilty”.  (The records system for youth is also very different than for adults, but that is a story for another day…)

Graduated Licensing

In Ontario, as of August 1, 2010 fully licensed drivers who are 21 and under or a novice driver in the Graduate Licensing System (GLS), caught with any alcohol in their blood, will receive an immediate 24-hour roadside driver license suspension and, if convicted, face a fine of $60-$500 and a 30-day license suspension.

Driving with a G1 without a fully licensed supervisor is a separate offence which would result in the temporary suspension of Fred’s licence. 


If you are a youth charged with an offence, check this info pamphlet for more info.

Cydney Kim is a grade 11 student at University of Toronto Schools. She wrote the fact scenario.  The legal information was written by McGill law student Jesse Gutman and JFCY lawyers.