Ontario Criminal and DUI Lawyers
Toll-Free: 1‑800‑699‑0806

Ontario Criminal and DUI Lawyers
Toll-Free: 1‑800‑699‑0806

Free Consultation
Don’t take chances, fill out the form below to describe your criminal or impaired driving offence and one of our experts will review your case. We reply to all inquiries within one business day. You can also call us toll-free at 1‑800‑699‑0806 or e-mail us at .

Impaired Operation or Impaired Control/Care


  • Care or control of a motor vehicle while impaired or being over the legal limit is also a criminal offence under section 253(1)(a) and (b) of the Criminal Code, respectively.
  • An intention to drive is not part of the offence. For example, care or control may be exercised without an intention to drive where a person performs some act or series of acts involving the use of the car, its fittings or equipment whereby the vehicle may unintentionally be set in motion.
  • An example would be where an impaired individual is sitting parked in the driver’s seat with the car engine running. Depending on the exact factual situation, a court could clearly find that there is a risk that the vehicle could be set in motion even though the person may not have an intention to drive.
  • This is a very tricky area of drinking and driving law that requires the expertise of a lawyer who is well versed in this area of law.


  • There are various defences which can be advanced to show you were not in care or control. For example, depending on the particular fact situation, a person sleeping may or may not be in care or control and convicted or acquitted. The bottom line is that each case turns upon its own particular facts. At Kruse Law Firm, an experienced Ontario OVI lawyer will work with you to defend your OVI offence.