Drinking & Driving – Impaired Driving Laws In Alberta
Hello everyone, this is Peter Poon from eLaw Alliance. Today, I’m joined by Herman Jhangri, and today, we are going to discuss the topic of drinking and driving laws. This is a very technical area of law and criminal law. Herman is going to go over some recent changes that have come into effect. This information is crucial, especially if you’re seeking guidance from an Edmonton drinking and driving lawyer. Please note that the information here is not legal advice. If you do need legal advice on a drinking and driving charge, or any other area of law, contact eLaw Alliance at 780-665-4955, or visit our website: www.elawalliance.com
Recent Changes in Drinking and Driving Laws
Peter Poon: Herman, as an Edmonton Drinking and Driving Lawyer, what are the recent changes in laws for impaired drivers?
Herman Jhangri: The laws for criminal impaired driving were initially under section 253 of the Criminal Code. This has recently changed, and the new section begins at section 320.11. The specific offenses are now under section 320.14(1) of the Criminal Code. These offenses include operating a conveyance while impaired by alcohol or drugs, or a combination thereof. It also includes having a blood-alcohol concentration that equals or exceeds 80 milligrams of alcohol in 100 milliliters of blood within two hours after ceasing to operate a conveyance, commonly referred to as over 0.08.
Definition of Conveyance
Peter Poon: Can you explain what “conveyance” means in this context?
Herman Jhangri: The term “conveyance” covers vehicles, vessels, aircraft, and other similar modes of transport. Initially, the Criminal Code separated these categories, but now they are all encompassed under the term “conveyance.”
Blood-Alcohol Limit and Impairment
Peter Poon: What does the 0.08 limit mean for drivers?
Herman Jhangri: The legal limit of 0.08 means that if a breathalyzer or blood test shows a blood-alcohol concentration over 80 milligrams per 100 milliliters of blood, you can be charged with a criminal offense. This is separate from charges of impaired driving, which can occur regardless of the exact blood-alcohol level, as impairment can be from any degree of alcohol or drug influence.
Failure or Refusal to Comply
Peter Poon: From the viewpoint of an Edmonton Drinking and Driving Lawyer what does it mean if someone is charged with failure or refusal to comply?
Herman Jhangri: Under section 320.15 of the Criminal Code, this offense occurs when a person fails or refuses to comply with a lawful demand for a breath or blood sample without a reasonable excuse. This could involve a demand for a sample using an approved screening device or a breathalyzer.
Procedure for Screening and Breathalyzers
Peter Poon: What is the procedure with these devices?
Herman Jhangri: Initially, officers needed reasonable suspicion to require a breath sample at the roadside using an approved screening device. However, the law has changed, and officers can now demand a sample without such suspicion if they have the device with them. If the screening device indicates a fail, the person will likely be taken to a location for a breathalyzer test.
Indicia of Impairment
Peter Poon: What are “indicia of impairment”?
Herman Jhangri: Indicia of impairment include signs like bloodshot eyes, slurred speech, the smell of alcohol, slow movements, and fumbling with documents. These signs help officers determine whether there is a reasonable suspicion or grounds to believe someone is impaired.
Impaired Driving Charges
Peter Poon: What constitutes an impaired driving charge?
Herman Jhangri: Impaired driving charges can be laid based on any degree of impairment by alcohol or drugs, without needing a specific blood-alcohol concentration. This differs from a charge based on exceeding the 0.08 limit, which requires a breathalyzer test result. If you or a loved one has been charged with impaired driving, contact an Edmonton Drinking and Driving Lawyer, so you know your rights, and what your next steps should be
Blood Samples and Warrants
Peter Poon: How does the law handle blood samples?
Herman Jhangri: Officers can demand blood samples under certain conditions, such as when a person cannot provide a breath sample. This can be due to medical conditions or after an arrest if officers believe the person is impaired by drugs or alcohol. Blood samples can also be obtained via a warrant, either directly from the person or from a hospital where the sample was taken for medical reasons.
Care and Control
Peter Poon: What does “care and control” mean?
Herman Jhangri: “Care and control” means that even if you’re not driving, you can be charged with operating a vehicle if you’re in the driver’s seat with the engine on or have the means to operate the vehicle. This applies even if the vehicle is stationary, as there is still a risk it could be put into motion.
Charter Issues and Legal Challenges
Peter Poon: Are there any Charter issues with these laws?
Herman Jhangri: Yes, Charter issues often arise in these cases, especially with the new rules allowing breath samples without reasonable suspicion. These issues often involve the right to counsel, arbitrary detention, and search and seizure rights. These are technical legal areas that are frequently contested in court.
Conclusion
These laws and procedures can be complex, and it’s advisable to consult with an Edmonton drinking and driving lawyer if you face such charges. Again, please note that the information here, is just information, and not legal advice. If you do need legal advice on a drinking and driving charge, or on any other legal matter, we at eLaw Alliance in Edmonton, are here to help you with tailored legal advice specific to your situation.
Call our office at 780-665-4955 to arrange a free one hour phone consultation to get advice specific to your situation. Thank you, Herman Jhangri, for the detailed explanation. My name is Peter Poon – if you found this video helpful, please hit the “like” button, and subscribe to the eLaw Alliance Edmonton YouTube channel, and never miss another video! Stay tuned for more videos on legal issues. Thank you so much for watching!