Impaired Driving Causing Bodily Harm
The consequences of an “impaired driving causing bodily harm” conviction are among the most severe of any driving-related charges.
IT CAN CHANGE YOUR LIFE FOREVER
Anyone convicted of Impaired Driving Causing Bodily Harm may face a lengthy prison sentence, a driving prohibition for many years, a criminal record and far higher insurance rates if and when you are ever allowed to drive again
IMPAIRED DRIVING CAUSING BODILY HARM EXPLAINED
Impaired driving causing bodily harm is an extension of an impaired driving charge (often called driving under the influence) where the impaired driving results in harm to another person.
There are many misconceptions and a lack of understanding about what constitutes impaired driving, and “impaired driving causing bodily harm” charges. One of the biggest misconceptions about impaired driving charges is that you must have a blood alcohol content (BAC) of 80mg or over to be charged with impaired driving.
For “impaired driving causing bodily harm” charges, it is important to note the person you harm isn’t necessarily someone on the road or in another car. They may be a passenger in the car you were driving.
HOW THE CRIMINAL CODE OF
CANADA DEFINES IMPAIRED DRIVING
The Criminal Code of Canada prohibits driving while impaired to any degree by alcohol, cannabis, or other drugs.
Section 320.14 of the Criminal Code outlines the offence of “Operation While Impaired” as follows:
320.14 (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,
(a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
(b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.
You could be charged with drunk driving even if your BAC is below 80mg. You could also be charged with having a BAC of 80mg or over, even if you do not act or appear to be impaired.
PENALTIES FOR BEING CONVICTED OF
IMPAIRED DRIVING CAUSING BODILY HARM
Impaired driving causing bodily harm is considered a serious offence in Canada and we have some of the most severe penalties in the world for impaired driving convictions. The charges and penalties can vary depending on the amount of alcohol or drugs in your body during the time of the offence. Charges can also vary depending on whether it’s your first or a repeated offence, and the severity of the injuries suffered by the victim.
Prison Terms – In addition to a monetary fine, anyone convicted of “impaired driving causing bodily harm” is liable to imprisonment.
PENALTIES FOR A SUMMARY CONVICTION OF
IMPAIRED DRIVING CAUSING BODILY HARM
You may get a less serious conviction if it is your first offence and if the harm you caused was minimal.
- Fine: Minimum $1,000
- Prison Term: Maximum two years imprisonment
PENALTIES FOR AN IMPAIRED DRIVING
CAUSING BODILY HARM INDICTMENT
An indictment is a more serious charge that is made due to a repeated offence, the seriousness of the injury suffered by the victim, or other mitigating circumstances.
- Fine: Minimum $1,000
- Prison Term: Maximum 14 years imprisonment
HOW TO FIGHT IMPAIRED DRIVING
CAUSING BODILY HARM CHARGES
Choose the Right Legal Team- Considering the confusion around the charges and the seriousness of the penalties, the best thing you can do to fight them is to hire the right legal team.
Experienced in successfully defending against “impaired driving causing bodily harm” charges, X-Copper’s team of criminal lawyers, former police officers and legal professionals work together to fight the charges against you and minimize their consequences.