Were you caught waiting or sleeping in your vehicle while impaired?
An accusation of care and control of a vehicle while impaired has consequences as serious as drunk driving, so prepare a strong defense with a criminal defense lawyer!
What is the SECRET to getting out of an accusation of care and control? Proving that there was no risk of putting the vehicle in motion, so you didn't actually have control of the car! And there you have it, now that the secret is out, learn EVERYTHING there is to know about the accusation of care and control brought against you.
JuriGo can also put you in touch with a lawyer specialized in drunk driving, all for free. Just fill out our form and we'll find a lawyer to answer your questions in a snap!
What is a charge of care and control while impaired?
The offence of "care and control of a motor vehicle while impaired" is provided for in the Criminal Code! It applies when an individual who is drunk is arrested while inside a stationary vehicle. Such a situation is one of the ways to commit the offence of drunk driving.
First of all, the Crown will have to prove that your blood alcohol level exceeded the legal limit! This means that at the time of your arrest while in a motor vehicle, your blood alcohol level must be equal to or greater than 80 ml of alcohol per 100 ml of blood, or the famous "0.08".
You understood correctly! Simply staying in your vehicle while under the influence of alcohol can constitute a criminal offense of "care and control of a motor vehicle while impaired".
What does "care and control" of a motor vehicle mean? The courts have recognized that having care and control of a vehicle means:
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Monitoring the vehicle
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Being responsible for the vehicle
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Operating the vehicle
To be guilty of "care and control", there must also be a mental element, namely the intention to put the vehicle into motion! This is because no crime exists if the accused did not intend to commit it.
The Criminal Code also provides for a presumption of care and control against the person occupying the driver's seat!
So, you're in trouble if you were waiting in the driver's seat, because the crown could easily prove its case with this presumption. This is one of the rare cases in criminal law where it will be up to you (the accused) to assume the burden of proof and demonstrate your innocence.
Anyway, don't panic! There are several defenses against such a "care and control" accusation. JuriGo explains all the arguments you can raise to get out of the situation with a lawyer!
Is there a defense against a care and control accusation?
Absolutely! There is a wide range of defenses against a care and control accusation, and it will be up to your lawyer to choose the right angle to extract you from the clutches of justice. But what are the defenses for drunk driving?
Rebutting the presumption of care and control
This presumption allows the prosecution to argue that the fact that the accused was behind the wheel implies that they intended to start the vehicle and therefore had custody and control over it. However, your lawyer can refute this presumption by invoking relevant facts, such as not having the keys to the vehicle, for example.
Absence of possibility/risk of starting the vehicle
If you are in the vehicle and are asleep, sitting in the back seat or the passenger seat, your lawyer can argue that there was no risk of starting the car or any intention to do so.
It is also possible to attack the evidence and procedure, i.e. the way in which saliva samples and tests were taken!
Defenses against an accusation of care and control revolve around the absence of intent. The more your lawyer is able to demonstrate your lack of intention to drive the vehicle, the better your chances of getting out unscathed!
Guilty of Care and Control While Impaired: What Sentence?
Crimes related to drunk driving are taken extremely seriously, especially in recent years. As this phenomenon causes the death of thousands of people each year, the penalties provided for in the Criminal Code are severe!
Here are the penalties you risk if you are found guilty of care and control of a vehicle while impaired!
- Minimum penalty: Fine of $1000
- Minimum penalty of 30 days in case of repeat offense.
- Maximum penalty of 18 months (summary conviction)
- Maximum penalty: 5 years imprisonment (criminal charge)
Who decides if your charge is pursued by summary conviction or criminal charge?
It is the Crown prosecutor who decides if your drunk driving offense will be charged by summary conviction or criminal charge. In a first offense with no criminal record, the summary conviction route will be used in almost all cases.
If you are a repeat offender, the criminal charge will be the preferred route by the prosecutor. The consequences will be even more severe, as the maximum imprisonment sentence extends up to 5 years .
Drunk driving: severe penalties!
Repeat offenses are punished very severely when it comes to driving under the influence! If you are a repeat offender for drunk driving, you now know that imprisonment is one of the possible consequences in the event of a guilty verdict.
Drunk driving offenses carry very severe penalties - see what penalties await you if you are found guilty of such a crime!
| Impaired driving ( Drunk driving) | Impaired driving causing bodily harm |
|---|---|
| First offence: Mandatory fine of $1000 Maximum imprisonment of 10 years | Summary conviction: Maximum sentence of 2 years imprisonment |
| Second offence: Minimum sentence of 30 days imprisonment Maximum imprisonment of 10 years | Criminal charge: Maximum sentence of 14 years |
| Third offence: Minimum sentence of 120 days imprisonment Maximum imprisonment of 10 years | Impaired driving causing death: Maximum sentence of life imprisonment. |
The consequences will be even more serious if you have caused bodily harm while committing the offense. The expertise of a criminal lawyer will be worth its weight in gold if you find yourself in such a situation!
What are the consequences of a conviction for drunk driving?
There are obviously sentences of imprisonment, fines and other direct consequences that come with the offense of care and control, but the list of negative impacts does not stop there!
Imprisonment is a serious consequence that is accompanied by several inconveniences, including :
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Criminal record
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Driving ban
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Ignition interlock device
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Increased insurance premiums
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Vehicle seizure
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Limitations on employment (if justified)
Avoid these negative consequences and maximize your chances of being acquitted following your impaired driving charge by hiring a specialized criminal defense lawyer!
FAQ - Frequently asked questions about impaired driving charges!
What are the consequences if you refuse to blow into the breathalyzer?
The consequences of a refusal are identical to those of a drunk driving offense. Refusing to take the breathalyzer test and perform the tests required by the police therefore has exactly the same consequences as committing the offense itself.
Drunk driving: how long will you lose your driver's license for?
In the case of a first drunk driving offense, the driver's license is automatically suspended by the SAAQ for a period of 90 days. If the person's blood alcohol level exceeds 0.16 (which is double the legal limit), the vehicle will also be seized for 30 days. Criminal charges will follow this administrative sanction.
Can police officers detect drugs such as cannabis?
Absolutely! For several years now, police officers have been trained to detect signs of cannabis consumption and are now equipped with breath tests that can detect recent consumption.
Do "zero tolerance" drivers commit an offense if they consume alcohol before driving?
Drivers under the age of 22 are not allowed to consume alcohol before driving, even if their blood alcohol level does not exceed 0.08. If such a driver is caught driving with alcohol in their system below this limit, their license will still be suspended by the SAAQ for 90 days, but no criminal charges will be filed.
Have you driven after having one too many drinks?
An accusation does not necessarily mean a conviction, especially if an experienced lawyer is hired to represent you! Trust the criminal defense lawyers partnered with JuriGo!
Why hire a lawyer SPECIALIZED in drunk driving cases?
Driving under the influence is one of the most common offenses in the country!
Some drivers accept their fate by believing that the accusation is hopeless. However, criminal lawyers have developed a true specialty for this type of accusation and are able to present strong defenses.
One thing is certain, defenses exist for this type of accusation, so take the time to explore them with a criminal lawyer!
Defend yourself against your accusation of care and control with a lawyer!
Whatever your situation, you have the right to a full and complete defense against your accusation of care and control of a vehicle while impaired. The consequences of such an accusation are serious and will follow you for a long time. Make sure to find a specialized lawyer to lend you a hand!
JuriGo is THE reference you need in Quebec to easily find a lawyer! Simply fill out our form at the bottom of the page to be put in touch for free with a criminal lawyer specializing in cases of drunk driving.
Contact us, the connection with a lawyer is free, fast and above all, with no obligation!