You understand the concept of impaired driving and realize there are consequences for every conviction. What you may not realize is what sort of situations could lead to such a charge. Before assuming you are engaging in activities that are legal, learn more about what provisions are found in the Liquor Licence Act. Here are four examples of situations that would lead to an arrest and possible conviction.
You Are Under the Influence of Alcohol or Drugs While Driving
The level of tolerance for drunk driving in Toronto is lower than at any time in the past. Depending on your age, the amount of alcohol or medication in your bloodstream, and how fast you were driving will determine the range of charges the arresting officer will cite.
Remember that the potential for being charged with impaired driving is not limited to the use of alcohol or illegal drugs. Prescription medications are also covered under the provisions of the Act. If your medication slows your responses and makes it more difficult to control the vehicle, the fact that you have a prescription will mean nothing.
You are Drinking in a Parked Vehicle
One of the most common misconceptions is that you cannot be arrested for driving under the influence if your vehicle is parked. If you are in a parking lot and drinking while you watch a sporting event on your smartphone, the activity is still illegal. Even though the car is not moving, your actions are occurring in what is considered a public area. If an officer notices what you are doing, a breathalyzer test and a trip to the nearest station is likely to happen.
You Have an Open Container of Alcohol By Your Side
Perhaps you are pulled over and the officer notices that you have an open container of alcohol on the seat next to you. This is covered in Section 32(1) of the Liquor Licence Act. Your actions constitute driving a motor vehicle with open liquor readily available, a charge that carries a fine and could lead to a temporary suspension of your licence. Even if you do not seem to be intoxicated, expect a trip to the station and the opportunity to call one of the DUI lawyers in Toronto.
You are a Passenger and Have an Open Alcohol Container in Your Possession
Did you know that it's possible to be charged with impaired driving even if you are not the one behind the wheel? Section 32(2) of the LLC imposes penalties against having liquor in an open container outside of a licensed location, private residence, or other private location. You could be riding in the back seat and have an open container in your hand or by your side and be arrested. Like a driver, this would mean at least a fine and possibly worse.
If you are charged with any offense related to alcohol or drug consumption, contact a DUI lawyer at once. The lawyer can evaluate the circumstances, ensure the arresting officer followed the proper procedure, and provide you with an idea of how to proceed.