Most people know that impaired driving is a serious offence. But once someone gets hurt, everything changes. You’re no longer looking at a routine DUI. Now it’s an indictable offence, and the stakes are much higher.

Impaired driving causing bodily harm means exactly that: someone got injured, and the law believes your impaired state was to blame. This isn’t just about paying a fine or dealing with a suspended licence. You could be facing real jail time, a permanent criminal record, and long-term fallout that affects your job, your family, and your ability to drive again.

Whether the injury was a broken bone, a concussion, or something more serious, the Crown will treat this charge with full weight. And if you’re found guilty, sentencing can be much harsher than a standard impaired driving case.

But here’s what’s important: these cases are rarely black and white. There are ways to challenge the evidence, question how impairment was assessed, or even raise Charter issues if your rights were breached during the stop or arrest.

What the Law Says

Under section 320.14(2) of the Criminal Code, it is an offence to operate a vehicle while impaired by alcohol, drugs, or a combination of both, in a manner that causes bodily harm to another person. 

Bodily harm is defined as any physical injury that is more than minor or transient. This could include broken bones, concussions, or internal injuries.

Impairment does not need to be severe. If the Crown can prove that your ability to operate the vehicle was affected even slightly and that this contributed to the injury, charges may be laid.

Penalties for a Conviction

A conviction for impaired driving causing bodily harm is extremely serious. 

Penalties may include:

  • Mandatory minimum fines and jail time
  • Lengthy licence suspensions
  • A permanent criminal record
  • Increased insurance rates
  • Restitution orders and probation

If this is a second or subsequent offence, or if the injuries were significant, the Crown may seek a custodial sentence. For particularly serious injuries, penalties can range from several months to years in prison.

Defending Against the Charges

Every impaired driving case is different. A strong defence strategy will focus on the specific facts and the legal procedures followed during the investigation. 

Common defence arguments may include:

  • Challenging the accuracy of breathalyzer or blood test results
  • Disputing whether the injury meets the legal definition of bodily harm
  • Raising Charter issues, such as unlawful arrest or improper roadside testing procedures
  • Questioning whether impairment actually caused the harm in question

It is also possible to negotiate for a lesser charge or alternative resolution, depending on the strength of the evidence and the impact on the alleged victim.

Seek Legal Help Immediately

Being charged with impaired driving causing bodily harm can affect every area of your life, from your ability to work to your ability to travel or maintain a driver’s licence. If you are facing these charges, do not delay. 

Contact Jerry Steele at Steele Law for legal advice and a strong, experienced defence.