Drinking and Driving Offenses




Drinking and Driving Offenses


My essay is on "Drinking and Driving Offenses". In my essay I will tell
you the various kinds of drinking and driving offenses, the penalties, and the
defences you can make if you are caught drinking and driving.

Let me tell you about the different offenses. There are six offenses in
drinking and driving. They are "driving while impaired", "Having care and
control of a vehicle while impaired", "Driving while exceeding 80 m.g.", "Having
care and control of a vehicle while exceeding 80 m.g.", "Refusing to give a
breath sample", and "refusing to submit to a roadside screen test. These are all
Criminal Code offenses.

Now lets talk about the penalties of drinking and driving. The sentence
for "refusing to give a breath sample" is usually higher than either of the
"exceeding 80 m.g." offenses. Consequently it is usually easier in the long run
for you to give a breath sample if asked. If, for example you are convicted of
"Refusing to give a breath sample" for the first time, but was earlier convicted
of "Driving while impaired", your conviction for "Refusing" will count as a
second conviction, not a first, and will receive the stiffer penalty for second
offenses.

For the first offense here is the penalty and the defences you can make.
Driving a vehicle while your ability to drive is impaired by alcohol or drugs is
one of the offenses. Evidence of your condition can be used to convict you.
This can include evidence of your general conduct, speech, ability to walk a
straight line or pick up objects. The penalty of the first offenses is a fine
of $50.00 to $2000.00 and/or imprisonment of up to six months, and automatic
suspension of licence for 3 months. The second offense penalty is imprisonment
for 14 days to 1 year and automatic suspen-sion of licence for 6 months. The
third offense penalty is imprisonment for 3 months to 2 years (or more) and
automatic suspension of licence for six months. These penalties are the same
for the following offenses.

"Having Care and Control of a Motor Vehicle while Impaired" is another
offense. Having care and control of a vehicle does not require that you be
driving it. Occupying the driver\'s seat, even if you did not have the keys, is
sufficient. Walking towards the car with the keys could be suffi-cient. Some
defences are you were not impaired, or you did not have care and control because
you were not in the driver\'s seat, did not have the keys, etc. It is not a
defence that you registered below 80 m.g. on the breath-ayzer test. Having
care and control depends on all circumstances.

"Driving While Exceeding 80 m.g. is the next offense. Driving a vehicle,
having consumed alcohol in such a quantity that the proportion of alcohol in
your blood exceeds 80 miligrams of alcohol in 100 mililitres of blood. Some
defences are the test was administered improperly, or the breathalyzer machine
was not functioning properly.

"Having Care and control of a Motor Vehicle while Exceeding 80 m.g." is
the next offense I will talk about. This offense means having care and control
of a vehicle whether it is in motion or not, having consumed alcohol in such a
quantity that the proportion of alcohol in your blood exceeds 80 miligrams of
alcohol in 100 mililitres of blood. The defences are the test was administered
improperly, or the breathalyzer machine was not functioning properly. To defend
against breathalyzer evidence you must understand how the test should be
administered. The proper procedure for a breathalyzer test is as follows.
Warming up the machine until the thermometer registers 50 degrees centigrade.
This should take at least 10 minutes. The machine should then be turned to zero
(by using the "adjust zero control") and a comparison ampoulel (of normal air)
inserted. if the metre remains at zero, the test can proceed. An ampoule with a
standard solution is then inserted. If the metre reads high or low by more than .
02% on two successive tests, the machine should not be used. If the trial is
valid, the machine should be flushed with room air and the pointer set at start.
You will then be asked to provide two breath samples, about fifteen minutes
apart. Normally they will take the result of the lowest result and use it as
evidence against you.

"Refusing to Give a Breath Sample" means refusing without a reasonable
excuse to give a sample or refusing without a reasonable excuse to accompany a
polic