drinking and driving, Drinking and Driving

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Drinking any alcohol whatsoever and then sitting in your car is a very bad idea.  You don't have to drive to be charged. You don't have to drink to excess to receive a demand to blow into a breath machine. Any alcohol in your body puts you at risk if you are near a vehicle.

The words "drinking & driving" are used by governments, lobby groups such as M.A.D.D., the media, and some members of the public to describe the social problem of operation of a motor vehicle while in a state of incapacity to drive due to alcoholic or drug intoxication. The consumption of alcohol or a drug can result in reduced vision, perception, reaction, and competence. "Drinking and driving" is, however, a completely different concept than "drunk driving". The expression "drinking and driving" is not found in the Criminal Code of Canada. 

It is NOT a criminal offence in Canada to drink and drive. Unless you are a novice driver with a condition on your licence that requires a blood alcohol concentration (BAC) of 000 mg/100mL it is not a provincial offence to drink and drive. There may also be certain professional and statutory responsibilities for particular professions such as pilots but it is NOT a criminal offence for a member of the public to operate a motor vehicle after consuming an alcoholic beverage.

The consumption of alcoholic beverages is lawful in Canada. Canadians produce high quality liquor, beer, and wine. Our liquor, beer, and wine industries and our restaurant, bar, and hospitality industries rely on the responsible enjoyment of alcoholic beverages.

Canada is a big country with wide distances and necessary travel between our homes, family, neighbours, and drinking establishments. We need our cars. Public transit is not available everywhere. It is unreasonable to expect that a person who drinks should not drive. It is often necessary to drive after drinking.

The real issue is responsibility in drinking and driving, not prohibition of drinking and driving. Every drinker who drives should learn to measure and remember the time, volume and alcohol content of every drink. If you know exactly what you drank then you can calculate when you can drive. If for example you know that each standard drink (and this varies from one individual to another) constitutes 28 mg/100 ml of Blood Alcohol Concentration, then you know that 3 standard drinks constitutes 84 mg/100 ml of BAC. Your body will eliminate that BAC through the liver at a rate of 10 to 20 mg/100 ml for each hour since you started drinking. If the person who drank 3 standard drinks had a total of 84 mg/100 ml in his or her system total and he or she waited 4 hours after the first drink before driving, then 40 to 80 mg/100 ml was eliminated leaving 4 to 44 mg/100 ml BAC at the time of driving.  4 mg/100 ml isn't going to have much effect, but 44 mg/100 ml is getting awfully close to the level of 50 mg/100 ml at which some jurisdictions suspend licences. Real responsibility in drinking and driving requires that bartenders, hosts, and individuals serve known drinks in measured and marked drinking cups, bottles, and glasses.  Real responsibility in drinking and driving requires that drinkers remember or record exactly when and what they drank. Real responsibility in drink and driving requires that governments, M.A.D.D., and police help educate drinking drivers about how to calculate their actual individual BAC equivalent for each standard drink as well their individual elimination rate. Ultimately, hosts of parties, restaurant servers, and bar owners need to be held responsible for consistently and accurately measuring, identifying, and recording what they serve every drinking driver. Bar pint glasses and wine glasses should always contain a label with their exact volume. Wine should be produced and served in individual portions. Wine glasses and beer glasses should not be replenished from a shared bottle or pitcher without a conscious decision by the drinking driver to accept another glass . Menus should accurately describe the quantities served. Restaurant receipts should accurately identify what was served, when, and to whom. Failure of licensed establishments to comply should result in prosecutions under the applicable Liquor Licence Act.

Canada has two main substantive criminal offences of impaired operation or care or control and over 80 operation or care or control:

253. 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.

Impaired operation or care or control in Canada includes operation or care or control of a motor vehicle, vessel, or aircraft while one's ability to operate is impaired by alcohol or a drug to any degree of impairment. This drinking & driving offence is proven by evidence of bad driving and various indicia of impairment observed such as slurred speech, difficulty with standing walking turning, red glassy glossy bloodshot eyes, dilated pupils, odor odour of an alcoholic beverage, complexion flushed face, and performance on physical tests.

The drinking and driving offence of excess blood alcohol or over 80 is usually proven by breath tests that determine blood alcohol concentration using and approved instrument such as a Breathalyzer or Intoxilyzer. Blood tests are used in drinking and driving cases where breath tests are not practical.

The usual penalty for a first Drinking and  Driving offence in Canada is a fine. The minimum second Drinking and Driving offence penalty is 30 days in jail. The minimum penalty for a third Drinking and Driving offence is 120 days in jail. There is always a drinking & driving prohibition on driving and the local province will suspend a drinking and driving offender's driver's licence.

If a US citizen or other non-Canadian citizen is convicted of a drinking and driving offence in the USA or a drinking & driving offence in any country other than Canada, the drinking and driving offender will be inadmissible to Canada on grounds of criminality, unless rehabilitated, because the drinking and driving offence is deemed to be a Canadian drinking and driving offence and all Canadian drinking and driving offences are deemed indictable (similar to a US felony - see above) unless the Crown has elected to proceed with the drinking and driving offence by summary conviction (which will never have happened because the drinking and driving offense occurred outside Canada. The situation will be different if the drinking and driving offence occurs in Canada and the Crown elects to proceed by summary conviction which they normally do.

Click the banner for more Canadian drunk driving law information.

 

Drinking and Driving or drinking & driving is an important concept used in the United States. For more detailed Drinking and Driving legal information click on one of the links below:

Alabama Drinking and Driving 

Drinking and Driving in Alabama  

drinking & driving in Alabama 

Alabama drinking and driving

Alabama drinking & driving

Drinking and Driving in AL

AL drinking and driving

Alaska Drinking and Driving 

Drinking and Driving in Alaska  

drinking & driving in Alaska 

Alaska drinking and driving

Alaska drinking & driving

Drinking and Driving in AK

AK drinking and driving

Alberta Drinking and Driving 

Drinking and Driving in Alberta  

drinking & driving in Alberta 

Alberta drinking and driving

Alberta drinking & driving

Drinking and Driving in AB

AB drinking and driving

Arizona Drinking and Driving 

Drinking and Driving in Arizona  

drinking & driving in Arizona 

Arizona drinking and driving

Arizona drinking & driving

Drinking and Driving in AZ

AZ drinking and driving

Arkansas Drinking and Driving 

Drinking and Driving in Arkansas  

drinking & driving in Arkansas 

Arkansas drinking and driving

Arkansas drinking & driving

Drinking and Driving in AR

AR drinking and driving

British Columbia Drinking and Driving 

Drinking and Driving in British Columbia  

drinking & driving in British Columbia 

British Columbia drinking and driving

British Columbia drinking & driving

Drinking and Driving in BC

BC drinking and driving

California Drinking and Driving 

Drinking and Driving in California  

drinking & driving in California 

California drinking and driving

California drinking & driving

Drinking and Driving in CA

CA drinking and driving

Colorado Drinking and Driving 

Drinking and Driving in Colorado  

drinking & driving in Colorado 

Colorado drinking and driving

Colorado drinking & driving

Drinking and Driving in CO

CO drinking and driving

Connecticut Drinking and Driving 

Drinking and Driving in Connecticut  

drinking & driving in Connecticut 

Connecticut drinking and driving

Connecticut drinking & driving

Drinking and Driving in CT

CT drinking and driving

Delaware Drinking and Driving 

Drinking and Driving in Delaware  

drinking & driving in Delaware 

Delaware drinking and driving

Delaware drinking & driving

Drinking and Driving in DE

DE drinking and driving

District of Columbia Drinking and Driving 

Drinking and Driving in District of Columbia  

drinking & driving in District of Columbia 

District of Columbia drinking and driving

District of Columbia drinking & driving

Drinking and Driving in DC

DC drinking and driving

England Drinking and Driving 

Drinking and Driving in England  

drinking & driving in England 

England drinking and driving

England drinking & driving

Drinking and Driving in EN

EN drinking and driving

Florida Drinking and Driving 

Drinking and Driving in Florida  

drinking & driving in Florida 

Florida drinking and driving

Florida drinking & driving

Drinking and Driving in FL

FL drinking and driving

Georgia Drinking and Driving 

Drinking and Driving in Georgia  

drinking & driving in Georgia 

Georgia drinking and driving

Georgia drinking & driving

Drinking and Driving in GA

GA drinking and driving

Hawaii Drinking and Driving 

Drinking and Driving in Hawaii  

drinking & driving in Hawaii 

Hawaii drinking and driving

Hawaii drinking & driving

Drinking and Driving in HI

HI drinking and driving

Idaho Drinking and Driving 

Drinking and Driving in Idaho  

drinking & driving in Idaho 

Idaho drinking and driving

Idaho drinking & driving

Drinking and Driving in ID

ID drinking and driving

Illinois Drinking and Driving 

Drinking and Driving in Illinois  

drinking & driving in Illinois 

Illinois drinking and driving

Illinois drinking & driving

Drinking and Driving in IL

IL drinking and driving

Indiana Drinking and Driving 

Drinking and Driving in Indiana  

drinking & driving in Indiana 

Indiana drinking and driving

Indiana drinking & driving

Drinking and Driving in IN

IN drinking and driving

Iowa Drinking and Driving 

Drinking and Driving in Iowa  

drinking & driving in Iowa 

Iowa drinking and driving

Iowa drinking & driving

Drinking and Driving in IA

IA drinking and driving

Kansas Drinking and Driving 

Drinking and Driving in Kansas  

drinking & driving in Kansas 

Kansas drinking and driving

Kansas drinking & driving

Drinking and Driving in KS

KS drinking and driving

Kentucky Drinking and Driving 

Drinking and Driving in Kentucky  

drinking & driving in Kentucky 

Kentucky drinking and driving

Kentucky drinking & driving

Drinking and Driving in KY

KY drinking and driving

Louisiana Drinking and Driving 

Drinking and Driving in Louisiana  

drinking & driving in Louisiana 

Louisiana drinking and driving

Louisiana drinking & driving

Drinking and Driving in LA

LA drinking and driving

Maine Drinking and Driving 

Drinking and Driving in Maine  

drinking & driving in Maine 

Maine drinking and driving

Maine drinking & driving

Drinking and Driving in ME

ME drinking and driving

Manitoba Drinking and Driving 

Drinking and Driving in Manitoba  

drinking & driving in Manitoba 

Manitoba drinking and driving

Manitoba drinking & driving

Drinking and Driving in MB

MB drinking and driving

Maryland Drinking and Driving 

Drinking and Driving in Maryland  

drinking & driving in Maryland 

Maryland drinking and driving

Maryland drinking & driving

Drinking and Driving in MD

MD drinking and driving

Massachusetts Drinking and Driving 

Drinking and Driving in Massachusetts  

drinking & driving in Massachusetts 

Massachusetts drinking and driving

Massachusetts drinking & driving

Drinking and Driving in MA

MA drinking and driving

Michigan Drinking and Driving 

Drinking and Driving in Michigan  

drinking & driving in Michigan 

Michigan drinking and driving

Michigan drinking & driving

Drinking and Driving in MI

MI drinking and driving

Minnesota Drinking and Driving 

Drinking and Driving in Minnesota  

drinking & driving in Minnesota 

Minnesota drinking and driving

Minnesota drinking & driving

Drinking and Driving in MN

MN drinking and driving

Mississippi Drinking and Driving 

Drinking and Driving in Mississippi  

drinking & driving in Mississippi 

Mississippi drinking and driving

Mississippi drinking & driving

Drinking and Driving in MS

MS drinking and driving

Missouri Drinking and Driving 

Drinking and Driving in Missouri  

drinking & driving in Missouri 

Missouri drinking and driving

Missouri drinking & driving

Drinking and Driving in MO

MO drinking and driving

Montana Drinking and Driving 

Drinking and Driving in Montana  

drinking & driving in Montana 

Montana drinking and driving

Montana drinking & driving

Drinking and Driving in MT

MT drinking and driving

Nebraska Drinking and Driving 

Drinking and Driving in Nebraska  

drinking & driving in Nebraska 

Nebraska drinking and driving

Nebraska drinking & driving

Drinking and Driving in NE

NE drinking and driving

Nevada Drinking and Driving 

Drinking and Driving in Nevada  

drinking & driving in Nevada 

Nevada drinking and driving

Nevada drinking & driving

Drinking and Driving in NV

NV drinking and driving

New Brunswick Drinking and Driving 

Drinking and Driving in New Brunswick  

drinking & driving in New Brunswick 

New Brunswick drinking and driving

New Brunswick drinking & driving

Drinking and Driving in NB

NB drinking and driving

New Hampshire Drinking and Driving 

Drinking and Driving in New Hampshire  

drinking & driving in New Hampshire 

New Hampshire drinking and driving

New Hampshire drinking & driving

Drinking and Driving in NH

NH drinking and driving

New Jersey Drinking and Driving 

Drinking and Driving in New Jersey  

drinking & driving in New Jersey 

New Jersey drinking and driving

New Jersey drinking & driving

Drinking and Driving in NJ

NJ drinking and driving

New Mexico Drinking and Driving 

Drinking and Driving in New Mexico  

drinking & driving in New Mexico 

New Mexico drinking and driving

New Mexico drinking & driving

Drinking and Driving in NM

NM drinking and driving

New York Drinking and Driving 

Drinking and Driving in New York  

drinking & driving in New York 

New York drinking and driving

New York drinking & driving

Drinking and Driving in NY

NY drinking and driving

Newfoundland Drinking and Driving 

Drinking and Driving in Newfoundland  

drinking & driving in Newfoundland 

Newfoundland drinking and driving

Newfoundland drinking & driving

Drinking and Driving in NF

NF drinking and driving

North Carolina Drinking and Driving 

Drinking and Driving in North Carolina  

drinking & driving in North Carolina 

North Carolina drinking and driving

North Carolina drinking & driving

Drinking and Driving in NC

NC drinking and driving

North Dakota Drinking and Driving 

Drinking and Driving in North Dakota  

drinking & driving in North Dakota 

North Dakota drinking and driving

North Dakota drinking & driving

Drinking and Driving in ND

ND drinking and driving

Northwest Territories Drinking and Driving 

Drinking and Driving in Northwest Territories  

drinking & driving in Northwest Territories 

Northwest Territories drinking and driving

Northwest Territories drinking & driving

Drinking and Driving in NT

NT drinking and driving

Nova Scotia Drinking and Driving 

Drinking and Driving in Nova Scotia  

drinking & driving in Nova Scotia 

Nova Scotia drinking and driving

Nova Scotia drinking & driving

Drinking and Driving in NS

NS drinking and driving

Nunavut Drinking and Driving 

Drinking and Driving in Nunavut  

drinking & driving in Nunavut 

Nunavut drinking and driving

Nunavut drinking & driving

Drinking and Driving in NU

NU drinking and driving

Ohio Drinking and Driving 

Drinking and Driving in Ohio  

drinking & driving in Ohio 

Ohio drinking and driving

Ohio drinking & driving

Drinking and Driving in OH

OH drinking and driving

Oklahoma Drinking and Driving 

Drinking and Driving in Oklahoma  

drinking & driving in Oklahoma 

Oklahoma drinking and driving

Oklahoma drinking & driving

Drinking and Driving in OK

OK drinking and driving

Ontario Drinking and Driving 

Drinking and Driving in Ontario  

drinking & driving in Ontario 

Ontario drinking and driving

Ontario drinking & driving

Drinking and Driving in ON

ON drinking and driving

Oregon Drinking and Driving 

Drinking and Driving in Oregon  

drinking & driving in Oregon 

Oregon drinking and driving

Oregon drinking & driving

Drinking and Driving in OR

OR drinking and driving

Pennsylvania Drinking and Driving 

Drinking and Driving in Pennsylvania  

drinking & driving in Pennsylvania 

Pennsylvania drinking and driving

Pennsylvania drinking & driving

Drinking and Driving in PA

PA drinking and driving

Prince Edward Island Drinking and Driving 

Drinking and Driving in Prince Edward Island  

drinking & driving in Prince Edward Island 

Prince Edward Island drinking and driving

Prince Edward Island drinking & driving

Drinking and Driving in PE

PE drinking and driving

Quebec Drinking and Driving 

Drinking and Driving in Quebec  

drinking & driving in Quebec 

Quebec drinking and driving

Quebec drinking & driving

Drinking and Driving in QC

QC drinking and driving

Rhode Island Drinking and Driving 

Drinking and Driving in Rhode Island  

drinking & driving in Rhode Island 

Rhode Island drinking and driving

Rhode Island drinking & driving

Drinking and Driving in RI

RI drinking and driving

Saskatchewan Drinking and Driving 

Drinking and Driving in Saskatchewan  

drinking & driving in Saskatchewan 

Saskatchewan drinking and driving

Saskatchewan drinking & driving

Drinking and Driving in SK

SK drinking and driving

South Carolina Drinking and Driving 

Drinking and Driving in South Carolina  

drinking & driving in South Carolina 

South Carolina drinking and driving

South Carolina drinking & driving

Drinking and Driving in SC

SC drinking and driving

South Dakota Drinking and Driving 

Drinking and Driving in South Dakota  

drinking & driving in South Dakota 

South Dakota drinking and driving

South Dakota drinking & driving

Drinking and Driving in SD

SD drinking and driving

Tennessee Drinking and Driving 

Drinking and Driving in Tennessee  

drinking & driving in Tennessee 

Tennessee drinking and driving

Tennessee drinking & driving

Drinking and Driving in TN

TN drinking and driving

Texas Drinking and Driving 

Drinking and Driving in Texas  

drinking & driving in Texas 

Texas drinking and driving

Texas drinking & driving

Drinking and Driving in TX

TX drinking and driving

Utah Drinking and Driving 

Drinking and Driving in Utah  

drinking & driving in Utah 

Utah drinking and driving

Utah drinking & driving

Drinking and Driving in UT

UT drinking and driving

Vermont Drinking and Driving 

Drinking and Driving in Vermont  

drinking & driving in Vermont 

Vermont drinking and driving

Vermont drinking & driving

Drinking and Driving in VT

VT drinking and driving

Virginia Drinking and Driving 

Drinking and Driving in Virginia  

drinking & driving in Virginia 

Virginia drinking and driving

Virginia drinking & driving

Drinking and Driving in VA

VA drinking and driving

Washington State Drinking and Driving 

Drinking and Driving in Washington State  

drinking & driving in Washington State 

Washington State drinking and driving

Washington State drinking & driving

Drinking and Driving in WA

WA drinking and driving

West Virginia Drinking and Driving 

Drinking and Driving in West Virginia  

drinking & driving in West Virginia 

West Virginia drinking and driving

West Virginia drinking & driving

Drinking and Driving in WV

WV drinking and driving

Wisconsin Drinking and Driving 

Drinking and Driving in Wisconsin  

drinking & driving in Wisconsin 

Wisconsin drinking and driving

Wisconsin drinking & driving

Drinking and Driving in WI

WI drinking and driving

Wyoming Drinking and Driving 

Drinking and Driving in Wyoming  

drinking & driving in Wyoming 

Wyoming drinking and driving

Wyoming drinking & driving

Drinking and Driving in WY

WY drinking and driving

Yukon Drinking and Driving 

Drinking and Driving in Yukon  

drinking & driving in Yukon 

Yukon drinking and driving

Yukon drinking & driving

Drinking and Driving in YT

YT drinking and driving