Many Canadians assume that you can only be charged with impaired driving if you are actively operating a vehicle, but is that the whole truth? Not quite. In fact, the law in Canada is much broader.
Under section 320.14 of the Criminal Code, you can be charged with impaired driving even if the vehicle is not moving and the engine is off. This is because the legislation also prohibits being in what is called “care or control” of a motor vehicle while impaired by alcohol or drugs.
What is “Care or Control”?
The phrase “care or control” refers to situations where someone is in a position to operate a vehicle, even if they are not currently doing so.
For example, if you are found in the driver’s seat of a parked vehicle while intoxicated, or if you have the keys within reach, the police may conclude that you had the potential to drive. This risk, rather than your actions alone, is often what leads to charges.
Courts consider a variety of factors to determine whether someone was in care or control.
These include:
- Where the person was sitting
- Whether the engine was running
- Where the keys were located
- Whether there was any risk that the vehicle could have been unintentionally set in motion
The law focuses on public safety, and even a perceived risk of impaired operation may be enough for a charge to be laid.
Common Scenarios
Below you’ll see a few common examples of In each of these cases, police may charge the individual with impaired care or control, even if they had no intention of driving.
- A person sleeps in their car after a night of drinking, using the heater to stay warm.
- Someone sits behind the wheel with the keys in their pocket, waiting for a ride.
- A person is found intoxicated in a parked vehicle that is turned off, but the vehicle is operable.
What the Crown Must Prove
To obtain a conviction, the Crown must demonstrate beyond a reasonable doubt that you were impaired and that you had care or control of the vehicle. If your blood alcohol content was above the legal limit of 80 milligrams per 100 millilitres of blood, that alone can lead to charges, even in the absence of actual driving.
However, there are legal arguments that may help challenge the charge.
Let’s say you were using the car as a shelter with no intention of driving and had taken steps to eliminate any risk, such as placing the keys out of reach. In this case, your lawyer may be able to argue that there was no realistic danger of the vehicle being operated.
What to Do If You Are Charged
Being charged with impaired driving when you were not actually driving can be confusing and stressful. These charges carry serious consequences, including licence suspension, fines, a criminal record, and increased insurance costs. You may also face long-term travel restrictions or difficulties with employment.
If you are facing a charge under care or control laws, it is essential to consult with a criminal defence lawyer who understands how these cases are handled in Canadian courts. A lawyer can assess the circumstances of your case, determine whether police acted lawfully, and challenge the assumptions used to justify the charge.
If you’ve been charged with impaired care or control in British Columbia, don’t face it alone.
Contact Jerry Steele of Steele Law for experienced legal defence. Jerry understands how to challenge these charges and will work to protect your rights at every stage. Call today to book a confidential consultation.