Definitions

"Impaired Driving" is a separate offence from "Over 80". They are two distinct and separate offences under the Criminal Code of Canada. However they are often laid at the same time subsequent to a police investigation.

Impaired driving is when an individual, having consumed alcohol, operates a motor vehicle in a manner that is erratic or unusual, establishing that the person's ability to operate the motor vehicle is "impaired" by alcohol and/or drug. Examples include weaving, abrupt turns, speeding, or other similar potentially dangerous acts of driving.

Over 80 is an offence where an individual, having consumed alcohol, has a blood alcohol concentration in excess of 80 mg per 100 ml of blood. An individual who is charged with Over 80 could, if signs of impairment were observed during the course of driving, also be charged with impaired driving.

Other related charges include refusal to provide a breath sample, dangerous driving, or fail to stop at the scene of an accident.

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