Impaired Operation, Over 80, Refusal & Care or Control

Impaired driving charges represent some of the most commonly prosecuted criminal offences in Ontario, affecting people from all backgrounds and circumstances. If you're facing impaired operation, over 80, refusal, or care or control charges in Kingston, Napanee, Brockville, or Belleville, understanding these allegations and their mandatory penalties is crucial.

Understanding Impaired Operation

Impaired operation (or "impaired driving") occurs when you operate a motor vehicle while your ability to do so is impaired to any degree by alcohol or drugs. The Crown doesn't need to prove a specific blood alcohol level: evidence of impaired driving behaviour, physical signs of impairment, or officer observations can support convictions.

Common Evidence of Impairment:

• Erratic driving (swerving, speeding, inability to maintain lane)
• Failing roadside sobriety tests (walk and turn, one-leg stand, eye tests)
• Physical signs (slurred speech, bloodshot eyes, alcohol odour, unsteady gait)
• Officer observations of behaviour and demeanor
• Driving conduct leading to accidents or near-misses

Impairment charges can involve alcohol, drugs (including cannabis, prescription medications, or illegal substances), or combinations of substances.

Over 80 / Blood Alcohol Concentration Offences

Operating a vehicle with blood alcohol concentration (BAC) of 80 milligrams of alcohol per 100 millilitres of blood or higher within two hours of driving constitutes this offence. Unlike impaired driving, over 80 charges focus solely on your BAC.

Key Points:

• The two-hour window means you can be charged even if you only drank after driving, if your BAC exceeded 80 within two hours
• Breath test results from approved instruments at police stations provide the evidence
• Crown prosecutors typically charge both impaired operation and over 80, proceeding with whichever charge is stronger
• You don't need to feel impaired or drive poorly—exceeding 80mg is sufficient

The "bolus drinking" defence (claiming you drank immediately before driving and alcohol hadn't absorbed yet) has been eliminated by recent legislation, making over 80 charges more straightforward for the Crown to prove.

Refusal to Provide Samples

When police make lawful demands for breath, blood, or other bodily substance samples, refusing or failing to comply is a separate criminal offence carrying the same penalties as impaired driving itself. This includes:

Refusing Roadside Tests: Failing to provide breath samples into Approved Screening Devices when lawfully demanded.

Refusing Station Tests: Refusing breathalyzer tests at police stations on approved instruments.

Failing to Provide Adequate Samples: Not blowing hard enough or long enough to produce usable samples (when physically capable).

Care or Control Charges

You can be charged with impaired-related offences even without driving if you have "care or control" of a vehicle while impaired. Care or control means being in the driver's seat or otherwise able to set the vehicle in motion, whether or not you intend to drive.

Common Care or Control Scenarios:

• Sleeping in a parked vehicle while impaired with keys in the ignition
• Sitting in the driver's seat with the engine running to stay warm
• Being in a vehicle with access to keys, even if parked
• Using the vehicle's accessories (radio, heater) while impaired

Key Factors Courts Consider:

• Where keys are located (ignition, your possession, elsewhere in vehicle)
• Whether the engine is running
• Your position in the vehicle (driver's seat vs. passenger seat or back seat)
• Your stated intention regarding driving
• Whether you took steps to avoid driving risk (keys in trunk, sitting in back)

Even if you had no intention of driving and were simply sleeping off intoxication in your vehicle, care or control charges can result if you're in the driver's seat with access to keys.

Moving Forward

Impaired operation, over 80, refusal, and care or control charges carry mandatory minimum penalties, immediate license suspensions, devastating insurance consequences, and criminal records affecting employment and travel. These charges impact people from all backgrounds.

Understanding the specific charge you face, the evidence involved, potential defences (self-defence claims, Charter violations, breathalyzer reliability challenges), and realistic outcomes is essential. The mandatory minimums eliminate many options that exist for other offences, making strategic decisions about how to proceed particularly important.

If you're facing impaired driving charges in Eastern Ontario, getting informed guidance about your specific situation, the strength of the Crown's case, and your options for addressing these allegations is an important step in managing both the immediate consequences and long-term impacts on your life.