Operation While Impaired by Alcohol or Drug (Sentencing Cases)
| This page was last substantively updated or reviewed January 2019. (Rev. # 90705) |
- < Sentencing
- < Cases
| ||||||||
Offence Wording
- Punishment
320.19 (1) Everyone who commits an offence under subsection 320.14(1) [impaired operation] or 320.15(1) [refusal to provide a sample] is liable on conviction on indictment or on summary conviction
- (a) to the following minimum punishment, namely,
- (i) for a first offence, a fine of $1,000,
- (ii) for a second offence, imprisonment for a term of 30 days, and
- (iii) for each subsequent offence, imprisonment for a term of 120 days;
- (b) if the offence is prosecuted by indictment, to imprisonment for a term of not more than 10 years; and
- (c) if the offence is punishable on summary conviction, to imprisonment for a term of not more than two years less a day.
[omitted (2) and (3)]
- Minimum fine — subsection 320.15(1)
(4) Despite subparagraph (1)(a)(i) [punishment for impaired and refusal – indictable penalty], everyone who commits an offence under subsection 320.15(1) [refusal to provide a sample] is liable, for a first offence, to a fine of not less than $2,000.
[omitted (5)]
2018, c. 21, s. 15.
[annotation(s) added]
Generally
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Hiott, 2019 ABPC 262 (CanLII), per LeGrandeur J | AB  |
PC | [penalty unknown] (dangerous) [penalty unknown] (prohibited) [penalty unknown] (impaired) | Find summaries of case. |
| R v Greavette, 2018 ONCJ 10 (CanLII), per Rose J | ON  |
PC | 30 days imprisonment | The offender was 26 and had no prior criminal record. Find summaries of case. |
| R v Foster, 2015 ABPC 109 (CanLII), per Rosborough J | AB |
PC | Find summaries of case. | |
| R v Gray, 2012 CanLII 298 (NLPC), per Gorman J | NL  |
PC | 9 months imprisonment | 5 yr driving proh; 4 prior impaireds, and related record; Find summaries of case. |
| R v Gartner, 2012 ABPC 165 (CanLII), per Rosborough J | AB |
PC | Find summaries of case. | |
| R v Riggs, 2011 NLTD 26 (CanLII), per Handrigan J | NL |
SC | 4 months imprisonment | 5 yr driving prohibition; Find summaries of case. |
| R v Musseau, 2010 CanLII 2539 (NL P.C.), per Gorman J | NL |
PC | 10 months imprisonment | 3rd time impaired, car accident; readings 230; 5 yr driving proh. Find summaries of case. |
| R v Oxford, 2010 NLTD 102 (CanLII), 45 M.V.R. (5th) 79, per Seaborn J |
NL |
SC | 95 days imprisonment | Find summaries of case. |
| R v Cullen, 2009 NLCA 16 (CanLII), [2009] NJ No 57 (CA), per Wells JA |
NL |
CA | 8 months imprisonment | "the accused pled guilty to two offences, contrary to section 253 of the Criminal Code. A period of eight months imprisonment and a fifteen year driving prohibition was imposed by the trial judge. The accused appealed seeking to have the prohibition reduced. The appeal was allowed, in part. The fifteen year driving prohibition was upheld, but the Court of Appeal varied the order to allow the accused to apply to operate a motor vehicle equipped with an alcohol ignition interlock device, after a period of five years. As regards the length of the prohibition order, the Court of Appeal indicated that if it had been “dealing with a single charge for an alcohol related driving offence, the 15 year prohibition would clearly be demonstrably unfit by that standard, particularly after a gap of some 20 years between convictions. However, as the trial judge observed, while awaiting trial in respect of the March 2006 charge, the appellant again became so intoxicated he could barely communicate and function properly but, nevertheless, drove an automobile. It is difficult to conclude that a 15 year prohibition is demonstrably unfit, taking into account that fact, all of the other factors mentioned by the trial judge, and the absence of any indication of effort directed toward correcting his drinking and driving habits.”" (Quoting from R v Musseau, 2010 CanLII 2539 (NL PC)), at para 51 Find summaries of case. |
| R v White, 2009 NLTD 196 (CanLII), per Faour J | NL |
SC | 16 months imprisonment | 14 prior offences; 8yr driving prohib Find summaries of case. |
| R v Slaney, 2009 CanLII 66023 (NLPC), [2009] NJ No 327 (P.C.), per Porter J |
NL |
PC | 5 months imprisonment | "the accused pleaded guilty to an offence, contrary to section 253(1)(b) of the Criminal Code. He had an accident while driving with his 13 year old son as a passenger in his car. Both were hurt and taken to hospital, where blood samples were taken from the accused. It was determined that he had a blood-alcohol concentration of 250 milligrams. Judge Porter imposed a period of five months imprisonment and a three year driving prohibition." s Find summaries of case. |
| R v Hirtle, 2009 ABCA 22 (CanLII), [2008] AJ No 1515, per Nation J |
AB |
CA | 21 months imprisonment | offender was driving while driving while disqualified, pled to s. 253(b)--prior record with 9 alcohol-related driving offences and 3 for driving while disqualified. Find summaries of case. |
| R v Kelly, , [2008] O.J. No. 1810(*no CanLII links) | ON |
PC | 12 months imprisonment |
|
| R v Giovannini, 2007 NLPC 39742 (CanLII), per J | NL |
PC | "[T]he accused pled guilty to an offence contrary to section 253(1)(b) of the Criminal Code. His blood-alcohol readings were 160 and 140 milligrams. His four year old child was in the vehicle at the time. He had a related criminal record. Judge Porter imposed a period of ninety days incarceration and a three year driving prohibition." (Quoting from R v Musseau, 2010 NLPC 2539 (CanLII)), at para 46 Find summaries of case. | |
| R v Pittman, 2006 NLTD 106 (CanLII), [2006] NJ No 193 (S.C.), per O'Regan J |
NL |
SC | 90 days imprisonment | Find summaries of case. |
| R v Hewlin, 2006 NLTD 56 (CanLII), [2006] NJ No 85 (SC), per LeBlanc J |
NL |
SC | 6 months imprisonment | Find summaries of case. |
| R v Beecher, 2005 ABCA 416 (CanLII), per Costigan JA | AB |
CA | "the accused person was first convicted of driving with excessive alcohol and driving while disqualified. He was then convicted of dangerous driving and driving while disqualified, which he committed while on judicial interim release from his first conviction. The Alberta Court of Appeal upheld the sentencing judge's sentence of 18 months imprisonment and a 5-year driving prohibition on the second offences. The accused person had a significant criminal record, which included 39 convictions for driving offences, and numerous breaches. Costigan JA for the court noted that the appellant's driving conduct had "placed the safety of others at risk, and noted that it was not an error on the part of the sentencing judge to consider the appellant's significant record and repetition of similar offences, in breach of court imposed conditions, as aggravating factors." (Quoting from R v Smith-Lowe, 2018 ABQB 896 (CanLII)), at para 38 Find summaries of case. | |
| R v Brake, 2005 CanLII 6038 (NL PC), per Gorman J | NL |
PC | "The accused, who had three prior driving and alcohol related convictions, was sentenced to 15 months' imprisonment on three further driving and alcohol related offences, a 10-year driving prohibition plus 3 years probation. There the accused had been warned by the police officer when seen in a vehicle not to operate his vehicle. Subsequently he did so and ended up blowing 280 mg of alcohol in 100 ml of blood. There was a later offence committed while awaiting trial on the first charge wherein there was a reading of 240 mg of alcohol in 100 ml of blood and then a refusal charge." (Quoting from R v Hewlin, 2006 NLTD 56 (CanLII)), at para 29
| |
| R v Power, 2004 NLCA 40 (CanLII), [2004] NJ No 229 (CA), per Roberts JA |
NL |
CA | 6 months imprisonment | "The accused, who had nine prior alcohol-related driving offences, was convicted of a s. 253(b) offence. The accused was stopped while on his way to his common-law spouse's home in order to babysit children. He thought at the time that he was not impaired but he actually blew 120 and 110 mg of alcohol in 100 ml of blood. The sentence of 6 months' imprisonment and 8-year driving prohibition was upheld by the Court of Appeal in that case." (Quoting from R v Hewlin, 2006 NLTD 56 (CanLII)), at para 27 Find summaries of case. |
| R v Butt, , [2004] N.J. No. 305(*no CanLII links) | NL |
PC | "The accused had twelve prior drinking and driving convictions and was charged with a number of offences including refusing to provide a breath sample. He was on an undertaking at the time of these offences prohibiting him from driving and as well prohibiting him from consuming alcohol. The accused was sentenced to a period of 18 months' imprisonment on the refusal charge and a total sentence of 26 months (reduced to 22 months to account for pre-trial custody) on all counts. He was prohibited from driving for a period of 15 years." (Quoting from R v Hewlin, 2006 NLTD 56 (CanLII)), at para 25 | |
| R v Cull, 2003 NLSCTD 127 (CanLII), [2003] NJ No 213 (SC), per Dymond J |
NL |
SC | 3 months imprisonment | Find summaries of case. |
| R v Connolly, 2002 CanLII 41923 (NLPC), [2002] NJ No 40 (PC), per Gorman J |
NL |
PC | 6 months imprisonment | "The accused who had five prior drinking and driving convictions pleaded guilty to impaired driving and a breach of probation. He was sentenced to 6 months on the impaired driving charge and an additional 10 months consecutive for the breach of probation charge. He was also placed on probation for 3 years and a 15-year driving prohibition was imposed." (Quoting from R v Hewlin, 2006 NLTD 56 (CanLII)), at para 24 Find summaries of case. |
| R v Hartery, 2001 NBCA 79 (CanLII), per Deschenes J | NB  |
CA | "the accused pled guilty to the offences of impaired driving, refusing a breathalyzer demand, uttering threats, escaping lawful custody and breach of probation. Counsel presented a joint submission requesting that a period of twelve months imprisonment and a three year driving prohibition be imposed. Judge Porter imposed a period of twelve months imprisonment and a ten year driving prohibition." Find summaries of case. | |
| R v Hunt, 2001 CanLII 33789 (NLSCTD), per Leblanc J | NL |
SC | 23 months imprisonment | "In that case the accused had produced readings of 220 and 210 mg of alcohol in 100 ml of blood after he was noted to be operating a motor vehicle. He entered a plea of guilty to a charge under s. 253(b). He had five previous alcohol and driving-related offences on his record and had been sentenced one week earlier for a sixth conviction to 18 months' imprisonment. He was serving that sentence when he was being sentenced. The Court imposed an additional 8 months' incarceration and 15-year driving prohibition with respect to this particular offence. He had also been previously placed on probation for a period of 3 years. However, that probation order was subsequently struck by the Court of Appeal as being inappropriate in view of the fact that the resultant total sentence amounted to a penitentiary term ([2002] N.J. No. 378 (NLCA))." (Quoting from R v Hewlin, 2006 NLTD 56 (CanLII)), at para 22 Find summaries of case. |
| R v Payne, 2001 CanLII 18925 (NL PC), per Gorman J | NL |
PC | "There the accused had been convicted of impaired driving by way of summary conviction and had produced readings of 230 and 210 mg of alcohol in 100 ml of blood. He had a prior criminal record including two prior driving and alcohol-related offences. He was sentenced to 5½ months incarceration, probation for 3 years and a 3-year driving prohibition. The court there ruled that the maximum custodial sentence possible was appropriate but reduced the sentence to reflect pre-trial custody."(Quoting from R v Hewlin, 2006 NLTD 56 (CanLII)), at para 23 Find summaries of case. | |
| R v Wells, , [1997] NJ No 153 (CA) (*no CanLII links) | NL |
CA | 2 years imprisonment |
|
| R v Squires, 1995 CanLII 9848 (NL CA), [1995] NJ No 157 (CA), per Gushue JA |
NL |
CA | 12 months imprisonment | "the offender was convicted of public mischief, driving while prohibited from doing so and operation of a motor vehicle with more than eighty milligrams of alcohol per one hundred millilitres of blood, contrary to sections 140(1)(b), 251(4)(b) and 253(b) of the Criminal Code of Canada. Mr. Squires had nine previous convictions for drinking and driving related offences. The trial judge sentenced him to a period of twelve months imprisonment. On appeal, the Court of Appeal increased the sentence to a period of twenty-four months imprisonment. The sentence for the section 253(b) offence was increased from six to eighteen months imprisonment." (Quoting from R v Payne, 2001 CanLII 18925 (NL PC)), at para 20 Find summaries of case. |
| R v Lacourse, 2001 CanLII 7825 (ON SC), [2001] O.J. No. 5940 (S.C.J.), per Donohue J |
ON |
SC | "the accused was convicted of the offences of impaired driving and driving while disqualified. He had ten previous convictions for drinking and driving offences, dating back to 1970. He also had four previous convictions for driving while disqualified, dating back to 1976. However, there was a gap from 1985 to 1997 in which he had no convictions. The trial judge imposed a sentence of two and a half years imprisonment for the impaired driving offence and six months consecutive for the offence of driving while disqualified."
| |
| R v Jones, 2001 BCCA 680 (CanLII), per Low JA | BC  |
CA | Find summaries of case. | |
| R v Desjarlais, 1998 CanLII 4853 (MB CA), per Scott CJ | MB  |
CA | [penalty unknown] (impaired) [penalty unknown] (fail to attend) | Find summaries of case. |
Refusal
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Edwards, 2013 CanLII 54004 (NL PC), per Porter J | NL |
PC | ||
| R v Gregory Louis Young , 2012 CanLII 26155 (NLPC), per Mennie J | NL |
PC | 12 months imprisonment | Find summaries of case. |
| R v Bordula, 2004 ABCA 8 (CanLII), per Wittmann JA | AB |
CA | Find summaries of case. | |
| R v Williams, 2004 NLCA 15 (CanLII), (2004), 9 MVR (5th) 183 (NLCA), per Wells CJ |
NL |
CA | 12 months imprisonment (refusal) 4 months imprisonment (disqual) |
"The accused had appealed his sentence of 12 months on a refusal charge plus an additional 4 months for driving while disqualified. He had a significant driving related record involving alcohol including six prior alcohol related driving offences and two prior convictions for driving while disqualified. The appeal was dismissed and the sentence upheld, including the 10-year driving prohibition which Wells C.J. referred to as being on the high side but not outside of the limits permitted or appropriate in that type of case." (Quoting from R v Hewlin, 2006 NLTD 56 (CanLII)), at para 26 Find summaries of case. |
Statistics
See Also
| |||||