For police to charge you with impaired driving causing bodily harm, an accident is required. If your blood alcohol concentration (BAC) registers 80 or over mgs. of alcohol in 100 mls. of blood, you cannot face charges for the lesser non-criminal Highway Traffic Act offence of careless driving. Instead, you will be charged with the more severe crime of impaired driving causing bodily harm or driving with a BAC of 80 mg% or over resulting in bodily harm.
Impaired driving causing bodily harm is a hybrid offence. The Crown prosecutor can choose to handle your case as either a summary or indictable offence. If pursued as a summary offence, penalties are generally lower. If treated as an indictable offence, penalties are more severe.
Penalties for conviction for impaired operation or 80 or over mg% BAC leading to injury may include:
- Maximum Jail Time: Up to 2 years (summary) or up to 14 years (indictable)
- Licence Suspension: Mandatory minimum 1 year driving prohibition, but typically much longer than 1 year.
- Insurance Consequences: High-risk driver label for approximately 6 years
- Criminal Record
For repeat offences, the penalties are likely to increase. If the injured party dies from related injuries later, charges could escalate to impaired driving causing death which is an indictable offence with lengthier terms of imprisonment.
Sentencing
When convicted of impaired driving causing bodily harm, your sentence can be significant. Imprisonment is a common outcome, with terms ranging from months to several years depending on the case.
The severity of bodily harm caused influences the length of the sentence. Mandatory minimum fines are also often imposed, and for repeat offenders life imprisonment is possible for severe harm.
Additional Legal Penalties
Besides jail time, there are other legal penalties. You might face fines, which vary based on the extent of harm and your culpability.
Indictable charges can lead to longer sentences or suspended driving privileges. Dangerous operation of a vehicle is often an added charge, increasing your penalties.
Circumstantial Considerations
Circumstances around the incident play a role in sentencing. Factors include recklessness, past convictions, and the level of criminal negligence involved.
For instance, if it’s your first offence, penalties might be less severe. However, if aggravating factors like excessive speed or higher intoxication levels are present, expect harsher outcomes.
Legal Representation for Impaired Driving Leading to Bodily Harm
Your impaired driving lawyer will scrutinise the facts of your case to identify the best defences available. Often, there are many strong defence options as the Crown prosecutor must prove several elements, such as your role in driving the vehicle and causing the accident. Your DUI lawyers will work with you to decide the most effective defence strategy.
To safeguard your rights, exercise your right to remain silent and contact Kruse Law immediately. The sooner you reach out, the more comprehensive the support we can offer during this difficult period. Contact us for a free consultation and understanding of your legal options.