In Canada, legal terms for intoxicated driving are often confused. The correct legal terminology is “impaired operation” (formerly called “impaired driving”). Most people, including criminal defence lawyers, still use the term impaired driving. DUI stands for driving under the influence, while DWI refers to driving while impaired. While you might hear terms like “DWI” and “DUI”, it’s important to know that the Canadian legal system does not officially use these terms. Instead, the Criminal Code of Canada uses “impaired driving” to describe all offences involving driving while under the influence of alcohol or drugs.

Impaired driving is also the term that meets the standards set by the Canadian Criminal Code. While people might say “DUI” in conversation, when facing legal matters, they should use “impaired operation” or “impaired driving”. These terms are what hold weight in the courts and under the law.

Terminology Used In Court

If you are arrested for DUI in Ontario, you could face different charges based on specific circumstances. The court looks at several factors to determine the charge. Here are the common charges you might encounter:

  • 80 or over mgs.
     This charge arises when a breathalyzer test or Intoxilyzer test shows your blood alcohol concentration is  80 or over milligrams of alcohol per 100 millilitres of blood.
  • Impaired Operation (or impaired driving)
    This charge can be based on police observations or physical evidence that drugs or alcohol affected your ability to drive safely.  To obtain a conviction, the Crown must prove beyond a reasonable doubt that your ability to operate  a motor vehicle was impaired by alcohol and/or a drug. 
  • Refusing to Provide a Breath Sample
     If you refuse or fail to provide either a roadside breath sample into an approved screening device  or a breathalyzer or Intoxilyzer test at the police station, you can be charged.
  • Care and Control
     Even if you’re not driving, you can be charged if police believe you could operate the vehicle while impaired. Being in the driver’s seat or holding the keys while seated in a motor vehicle can be enough for the police to lay a charge. 
  • Underage Impaired Driving
     If you are under 21, any detectable impairment, whether observed by police or proven by a breath sample, can lead to a charge under the Highway Traffic Act. This type of non-criminal charge can be laid by the police even if the level of impairment or blood alcohol concentration is not enough to lay Criminal Code impaired driving charge. 
  • Zero Tolerance Impaired Driving
     For drivers with a G1, G2, M1, or M2 licence or those operating commercial vehicles, any level of alcohol or drugs in your system is enough for a charge under the Highway Traffic Act. Again,  the type of non criminal charge can be laid by the police even  if the  level of impairment or blood alcohol concentration is not enough to lay a Criminal Code charge. 
  • Impaired Driving by Drugs
     A 12-step evaluation by a drug recognition expert, roadside drug screening equipment, or blood samples can lead to a criminal charge. For cannabis, having over five nanograms of THC per millilitre of blood, or a combination of 2.5 nanograms of THC per millilitre with 50 milligrams of alcohol per 100 millilitres of blood, is grounds for a criminal charge.

Frequently Asked Questions

No, they are not the same. In Canada, the law uses the term “impaired operation”  or “impaired driving,” which does not include the terms DUI (Driving Under the Influence) or DWI (Driving While Intoxicated). The Canadian Criminal Code lists “impaired operation” ” under this term, not the acronyms. DUI and DWI are United States’  legal terms which are often colloquially, but incorrectly used by both the general public and lawyers in Canada.

Even though “impaired driving” is the term used legally, many people still say DUI. This term is a well-known U.S. legal term and is often used by lawyers and the public, even though it’s not in the Canadian Criminal Code.