Most people charged with DUI in Canada face two counts from one incident:
- Impaired operation: the Crown must prove your ability to drive was impaired to any degree by alcohol or drugs. Evidence: driving pattern, smell of alcohol, slurred speech, balance, and the officer’s observations.
- Over 80: your blood alcohol concentration was 80 mg of alcohol per 100 mL of blood or more within two hours after you stopped driving. Evidence: approved instrument breath readings or a blood analysis.
Can you be convicted of both?
No. Courts won’t enter convictions on both counts for the same incident, but the Crown only needs to prove one.
Common defences
- Impaired: innocent explanations for the officer’s observations (fatigue, medical conditions, weather, nerves)
- Over 80: timing and procedure problems with the breath tests, instrument maintenance records, the “bolus drinking” exception (drinking just before driving and having no reason to expect to be over 80), and Charter breaches
Related: Yukon impaired driving laws: complete guide · Yukon DUI penalties: impoundment & interlock
