Impaired Driving Care & Control Offence in Ontario

Impaired Care and Control means being in a position to operate a vehicle (like a car, boat, or plane) while under the influence of alcohol or drugs (or both), even if you’re not actually driving.  It doesn’t matter if the vehicle is moving or not. The law focuses on the potential danger you pose when you’re impaired and have access to a vehicle.

Three key elements define “care and control” under the law:

1. An intentional course of conduct involving the vehicle.
2. The individual is impaired or has a blood alcohol concentration (BAC) above the legal limit (0.08%).
3. The circumstances create a realistic risk of harm to others or property.

This offence applies not only to motor vehicles but also to railway equipment, vessels, and aircraft, even when they are stationary. The law is designed to prevent impaired individuals from putting themselves or others in danger, meaning you can be charged without driving. For example, sitting in the driver’s seat, having the keys in the ignition, or even being near the vehicle with the intention of driving soon. could be enough to face charges.

Examples of Care and Control:

Here are some common examples of situations where a person could be charged with impaired care and control:

• Sleeping in the driver’s seat while impaired, even if the vehicle is parked and the engine is off.
• Sitting in the passenger seat but having the keys within reach, indicates potential control over the vehicle.
• Waiting for a friend in a vehicle while under the influence, with the ability to drive if needed.
• Being near the vehicle after a breakdown and still having the means to operate it, such as holding the keys.
• Sitting in the driver’s seat with the intention of “sleeping it off” but having the vehicle’s ignition on for heat or air conditioning.
• Attempting to move a parked vehicle a short distance, such as out of a parking spot, while impaired.

Importantly, in all these scenarios, the court will consider the totality of the circumstances, including your location, the time of day, your level of impairment, and any statements you made to the police.

To convict someone of an impaired care and control offence, the Crown must prove two key elements beyond a reasonable doubt:

Impairment – The Crown must demonstrate that the accused’s ability to operate a vehicle was impaired by alcohol or drugs (or both). This can usually be proved through evidence like breathalyser results showing a BAC above the legal limit, oral fluid drug screeners, physical signs such as slurred speech, unsteady movement, or the smell of alcohol, admissions by the accused, or witness testimonies.

Care and Control – The Crown must establish that the accused had “care and control” of the vehicle, even if it wasn’t moving. This includes proving:

• The vehicle could be used or put into motion.
• The accused had the intention or ability to operate the vehicle.
• The circumstances presented a realistic risk of the vehicle being operated while impaired.

For a successful conviction, both elements must be proved beyond a reasonable doubt, which is often through a combination of physical evidence, witness testimony, and the specific facts of the case.

Care and control while impaired offences carry the same penalties as impaired driving, even if the vehicle was not in motion. The severity of the penalties depends on the offender’s history and the specifics of the case.

• First-time offenders: Mandatory minimum fine of $1,000; maximum 10 years imprisonment.
• Second-time offenders: Mandatory minimum of 30 days imprisonment; maximum 10 years imprisonment.
• Third-time offenders: Mandatory minimum of 120 days imprisonment; maximum 10 years imprisonment.

These mandatory minimums can increase significantly based on aggravating factors, such as:

• High blood alcohol levels.
• Refusing a test (breathalyser or drug evaluation)
• Accidents, injuries, or fatalities caused by impairment.
• Dangerous or reckless driving.

Additionally, offenders may face licence suspension, typically ranging from 1 to 3 years. In cases of repeat offences, a lifetime driving ban is possible. Offenders may also be ordered to undergo education or treatment programs or to install an ignition interlock device.