dui laws, DUI LAWS, D.U.I. Laws: driving under the influence laws
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The words dui laws, DUI law, D.U.I, and "driving under the influence", are used by DUI lawyers and DUI attorneys in United States DUI Law. The expression "DUI laws" is not found in the Criminal Code of Canada. Canadians use terminology other than DUI laws or "driving under the influence laws". We use the words "impaired driving laws" or "impaired operation laws", or "impaired care or control laws" but not "driving under the influence laws" or "driving under impairment laws". In Canadian laws it is any impairment by alcohol or a drug of one's ability to operate a motor vehicle combined with operation that is forbidden, not "driving under impairment" or "driving under the influence" (DUI). It is also a "DUI laws" criminal offence in Canada to drive having more than 80 milligrams of alcohol per 100 mls of blood whether one's ability to drive is "influenced" (DUI) or not .
Canada has two main substantive DUI law criminal offences:
Section 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,
(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 DUI 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 DUI 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 900 900A or Intoxilyzer 5000C. Blood tests are used in DUI cases where breath tests are not practical to provide evidence of blood alcohol concentration.
Both Canadian DUI laws are federal criminal law offences. The Crown in Canada can prosecute a DUI in either of two ways. DUI offences are hybrid offences in Canada. The Crown may prosecute a DUI offence by indictment (roughly similar to a US felony DUI) or they may prosecute a DUI offence by summary conviction (roughly similar to a US misdemeanor). The local Crown Attorney must elect whether to proceed with the D.U.I. by indictment or by summary conviction. Until he or she elects, the DUI offence is deemed to be prosecuted by indictment. Most Canadian DUI offences are prosecuted by summary conviction.
The usual penalty for a first DUI offence in Canada is a fine. The minimum second DUI offence penalty is 30 days in jail. The minimum penalty for a third DUI is 120 days in jail. There is always a DUI driving prohibition and the local province will suspend a DUI offender's driver's licence.
If a US citizen or other non-Canadian citizen is convicted of a DUI offence in the USA or a dui offence in any country other than Canada, the DUI offender will be inadmissible to Canada on grounds of criminality, unless rehabilitated, because the DUI offence is deemed to be a Canadian DUI offence and all Canadian DUI offences are deemed indictable (similar to a US felony - see above) unless the Crown has elected to proceed with the DUI offence by summary conviction (which will never have happened because the DUI offense occurred outside Canada. The situation will be different if the DUI offence occurs in Canada and the Crown elects to proceed by summary conviction which they normally do.
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Copyright 2018 Stephen Biss
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Advertisement. Any legal opinions expressed at this site relate to the Province of Ontario, Canada only. If you reside or carry on business in any other jurisdiction please consult a lawyer, solicitor, or attorney in your own jurisdiction. WARNING: All information contained herein is provided for the purpose of providing basic information only and should not be construed as formal legal advice. The author disclaims any and all liability resulting from reliance upon such information. You are strongly encouraged to seek and retain professional legal advice before relying upon any of the information contained herein.