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DUI, DWI & Criminal Legislation in Ontario  

Criminal Code of Canada , section: 253

Substantive DUI/Excess Alcohol Offense, Impaired Driving/Over 80

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 personís 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 personís blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.

Marginal note:For greater certainty

(2) For greater certainty, the reference to impairment by alcohol or a drug in paragraph (1)(a) includes impairment by a combination of alcohol and a drug.

R.S., 1985, c. C-46, s. 253; R.S., 1985, c. 27 (1st Supp.), s. 36, c. 32 (4th Supp.), s. 59; 2008, c. 6, s. 18.

Comments : Important issues include: "operates", "motor vehicle", "care or control", "impaired". See also "evidence to the contrary" in s. 258.

This section creates 4 offences: impaired operation, impaired care or control, over 80 operation, and over 80 care or control.

It is usually easy for the Crown to convince the Court that a person mistakenly charged with one of the care or control offences can be convicted if the evidence proves operation (driving) or that a person mistakenly charged with one of the operation offences can be convicted if the evidence proves care or control.

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bullet"Care or Control"
bullet"Evidence to the Contrary"
bullet"Impaired"
bullet"Motor Vehicle"
bullet"Operates"
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bulletR. v. Stellato
 

 

 

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OntarioCriminal Code of Canada 253 Substantive DUI/Excess Alcohol Offense, Impaired Driving/Over 80