My research paper is on «Drinking and Driving Offences». In my paper I will tell you the various kinds of drinking and driving offences, the penalties, and the defenses you can make if you are caught drinking and driving. Let me tell you about the different offences. There are six offences in drinking and driving. They are «driving while impaired», «Having care and control of a vehicle while impaired»,«Driving while exceeding 80 m. g. », «Having care and control of a vehicle while exceeding 80 m. g. », «Refusing to give a breath sample», and «Refusing to submit to a roadside screen test.
These are all Criminal Code Offences. (Erwin p17) Now lets talk about the penalties of drinking and driving. The sentence for refusing to give a breath sample is usually higher than either of the exceeding 80 m. g. offences. Consequently it is usually easier in the long run for you to give a breath sample if asked. If, for example you are convicted of «Refusing to give a breath sample» for the first time, but was earlier convicted of «Driving while impaired», your conviction for «Refusing» will count as a second conviction, not a first,and will receive the stiffer penalty for second offences. (Erwin p18)
For the first offence here is the penalty and the defenses you can make. Driving a vehicle while your ability to drive is impaired by alcohol or drugs is one of the offences. Evidence of your condition can be used to convict you. This can include evidence of your general conduct, speech, and ability to walk a straight line or pick up objects. The penalty of the first offences is a fine of $50. 00 to $2000. 00 and/or imprisonment of up to six months, and automatic suspension of license for three months. The second offence penalty is imprisonment for fourteen days to one year and automatic suspension of license for six months.
The third offence penalty is imprisonment for three months to two years (or more) and automatic suspension of license for six months. These penalties are the same for the following offences. (Purich p22) «Having Care and Control of a Motor Vehicle while Impaired» is another offence. Having care and control of a vehicle does not require that you be driving it. Occupying the driver’s seat, even if you did not have the keys, is sufficient. Walking towards the car with the keys could be sufficient. Some defenses are you were not impaired, or you did not have care and control because you were not in the driver’s seat, did not have the keys, etc.
It is not a defense that you registered below 80 m. g. on the breathalyzer test. Having care and control depends on all circumstances. (Purich p24) Driving While Exceeding 80 m. g. is the next offence. Driving a vehicle, having consumed alcohol in such a quantity that the proportion of alcohol in your blood exceeds 80 milligrams of alcohol in 100 milliliters of blood. Some defenses are the test was administered improperly, or the breathalyzer machine was not functioning properly. (Erwin p20) «Having Care and control of a Motor Vehicle while Exceeding 80 m. g,» is the next offence I will talk about.
This offence means having care and control of a vehicle whether it is in motion or not, having consumed alcohol in such a quantity that the proportion of alcohol in your blood exceeds 80 milligrams of alcohol in 100 milliliters of blood. The defenses are the test was administered improperly, or the breathalyzer machine was not functioning properly. To defend against breathalyzer evidence you must understand how the test should be administered. The proper procedure for a breathalyzer test is as follows. Warming up the machine until the thermometer registers 50 degrees centigrade.
This should take at least 10 minutes. The machine should then be turned to zero (by using the «adjust zero control») and a comparison ampoule (of normal air) inserted. If the metre remains at zero, the test can proceed. An ampoule with a standard solution is then inserted. If the metre reads high or low by more than . 02% on two successive tests, the machine should not be used. If the trial is valid, the machine should be flushed with room air and the pointer set at start. You will then be asked to provide two breath samples, about fifteen minutes apart.
Normally they will take the result of the lowest result and use it as evidence against you. (Erwin p23) «Refusing to Give a Breath Sample» means refusing without a reasonable excuse to give a sample or refusing without a reasonable excuse to accompany a police officer, when demanded by the police officer.
Before demanding by the police officer, he must have reasonable and probable grounds to believe that you are committing or at any time in the preceding two hours have committed, one of the offences of driving or having care and control of a vehicle while impaired or while having a blood alcohol level in excess of 80 m. . You can refuse to give a breath sample until you have communicated in private with your lawyer even if this takes you beyond the two hour period, unless it is shown that your request for a lawyer was not genuine and merely to delay the testing. The test can be done after the two-hour period, but a technician must testify in court as to what your blood alcohol would have been in the two-hour period. You cannot refuse to accompany the officer until you see your lawyer.
You can argue that the officer didn’t have reasonable and probable grounds to suspect you, but this however depends on the circumstances. Highway Traffic Law) «Refusing to submit to a Roadside Screening Test» is the last offense. When you commit this offense you are refusing without reasonable excuse to give a breath sample for a roadside screening device, or refusing without reasonable excuse to accompany a police officer for the purposes of giving such a sample, when demanded by an officer. Before the officer demands a breathalyzer he must reasonably suspect that you have alcohol in your blood. The maximum penalties for impaired driving causing bodily harm to someone is up to 10 years in prison and up to a 10 year prohibition from driving.
The maximum penalties for impaired driving causing death is up to 14 years and a 10 year prohibition from driving. The maximum penalty for manslaughter and criminal negligence causing death is up to life in prison and up to a lifetime prohibition from driving. (Purich p31) I think that these penalties for all the drinking and driving offences are very appropriate, but I think impaired driving causing death should be a lifetime imprisonment. All these offences should be taken seriously and no one should try and get around the law. The law is here for are protection on the rode and obey them and you should be safe.