Among driving violations, impaired driving is most emphasized upon, it can also be referred to as driving under the influence, driving while intoxicated and operating while intoxicated. Impaired driving usually results in stronger fines and penalties than normal driving violations. Impaired driving entails that the person driving has consumed enough alcohol to impair his driving abilities and can be usually determined either by a blood-alcohol test, some other sobriety test, or just by the observation of an officer.
Drinking and driving is the most common crime committed in Canada. It is also the greatest cause of criminal injury and death. Drivers who choose to drink and drive face not only endangering themselves or someone else, but also face severe legal and other consequences
In Canada there aren't any national laws covering all aspects of drinking and driving, instead all provincial governments have enacted their own measures against impaired driving. The Constitution of Canada defines the powers of the federal and provincial or territorial levels of government.
All provinces and territories also use their authority under their respective highway traffic laws to impose administrative sanctions and measures that apply to drivers convicted of Criminal Code drinking-driving offenses. Note that some provinces may suspend driver's license upon an individual being charged with impaired driving, rather than being convicted.
References to Criminal Code
Under the Criminal Code of Canada, driving a vehicle under the influence of alcohol is a generic term for a series of offenses.
The main offenses are laid down under section 253 (a) and (b) of the Canadian Criminal Code and include:
1. operating a motor vehicle while the ability to do so is impaired by alcohol or a drug, and
2. operating a motor vehicle while having a blood alcohol concentration of greater than 80 milligrams of alcohol in 100 milliliters of blood.
Different types of Offenses
Impaired Driving causing death or bodily harm
Drinking and driving if it causes death or bodily harm and if the right circumstances exist, could lead to serious charges, such as dangerous driving, manslaughter or criminal negligence.
First offense
The minimum charge if convicted of impaired driving is a $600 fine and 1 year driving prohibition.
Second offense
The minimum charge if convicted for the second time with impaired driving is 14 days jail time and and 2 year driving prohibition.
Third or subsequent offenses
The minimum charge if convicted for the third or any subsequent offenses is 90 days jail time and 3-year driving prohibition or worse.
Driving While Under The Influence
Many people don't realize how much a drunk driving conviction can affect their car insurance. If you're covered by a policy at the time you're convicted of a DUI, the rate increase could be substantial, or your policy may be canceled. You may find it difficult securing future coverage if you aren't covered at the time of a DUI conviction. Drinking and driving is obviously not a good idea for many reasons.
Below, you'll learn more about how drunk driving can affect your car insurance policy and your rates. We'll also describe the purpose of an SR-22. Finally, we'll offer a few tips that you can use to get car insurance in the event you're caught driving under the influence.
The Purpose Of An SR-22
Driving under the influence carries significant consequences. You'll likely be required to file an SR-22 if you're caught and convicted of a DUI. In its simplest form, an SR-22 is a statement that validates that you have adequate car insurance coverage. An offender's suspended driver's license is usually returned when this statement is filed.
Most states (there are a few exceptions) legally require drivers who have received a DUI conviction to file an SR-22 with their local DMV. By charging much higher premiums, some car insurance carriers will offer special SR-22 coverage for "high risk" drivers. Other carriers will not offer such coverage and will often cancel a "high risk" driver's policy at the end of its term.
Remaining Under The Radar
For years, there's a been a bit of a disconnect between the some court systems and some local departments of motor vehicles. DUI convictions are supposed to be delivered to the DMV that is located in the jurisdiction of the court. Sometimes, this fails to happen. A driver can in effect avoid filing an SR-22 if for some reason the DUI offense is not reported to the driver's local DMV. If this is the case, the driver's alcohol-related offense may not be discovered by his car insurance company. Though this happens quite frequently, many providers learn of a policyholder's DUI years later and raise the premiums accordingly.
Don't Wait To Shop Around
A common mistake among those who have been convicted of driving under the influence is waiting until their policy has been canceled before finding an alternative. If you find that your current insurer is canceling your policy, it may be because they have found about your DUI conviction. In that case, anticipate other providers discovering your DUI, too.
It's easier to find an insurer willing to offer an SR-22 insurance policy if you're already covered. Shop early while you still have coverage from your current carrier. If you find that the larger, established carriers are unwilling to insure you, check with the independent agents in your area.
Picking Up The Pieces And Planning Ahead
Driving under the influence can have a dramatic impact on your car insurance for several years. It can substantially increase your rates or cause your current provider to cancel your policy. Basically, a Driving Under the Influence conviction limits your options severely. But, don't let that dissuade you from shopping for car insurance. If the Department of Motor Vehicles has your DUI in their records, paying higher premiums for your policy is pretty much inevitable. But, the alternative - driving without coverage - can lead to hefty penalties, financial loss and even jail time.
While a DUI conviction may stay on your record for 10 years, auto insurance companies usually only use it for calculating your premium for about 3 years, sometimes less. Know your options, plan ahead and work toward putting the experience behind you.
Both Austin Mark & Kade Phillips are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Austin Mark has sinced written about articles on various topics from Legal Matters, Religion. Austin Mark is a lawyer working with , one of the leading legal networking sites on the net. You can access the Canadian version as well as. Austin Mark's top article generates over 1000 views. to your Favourites.
Kade Phillips has sinced written about articles on various topics from Auto Insurance, Insurance and Finances. Kade Phillips is a contributing writer for Kanetix.com, a powerful free Insurance Quote Comparison Service. Find out how to lower your car insurance bills. Visit us for
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