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Care and Control

Mr. Pearse runs 100% of his own trials.  Your trial will never be passed on to another lawyer.

Care and Control Key Takeaways

  1. You can be charged with a DUI even if you were not actually driving.
  2. Whether or not you were in care and control depends on the specific facts of your case.

Care and Control in Impaired Driving in Canada

Although most people think of a “DUI” or a “DWI” as relating to actual driving, in Canada, there is a related charge of being “in care and control” of a motor vehicle with regard to impaired driving. If you are found to be “in care and control” of the motor vehicle, then it does not matter if you were not actually driving. There are a couple of things to keep in mind about “care and control” charges:

  1. If you are found in the driver’s seat of the motor vehicle, then the Criminal Code creates a presumption that you are in care and control.

For example, if the police find you eating a hamburger in a parking lot while sitting in the driver’s seat, then you could be found to be in care and control of the motor vehicle.

  1. It is possible to rebut the presumption under the criminal code 320.35. If you lead evidence that you were not sitting in the driver’s seat for the purpose of putting the car in motion, and if the trial judge accepts this, then the crown will not be able to rely on the presumption.
  2. However, even if the crown does not get the benefit of the presumption, they may still be able to prove that you had care and control of the vehicle on the facts of the case. If this occurs, you would still be found to be in care and control of the motor vehicle.

The test for care and control is whether or not the accused did some act or series of acts involving the use of the motor vehicle, it’s fitting, or equipment whereby the vehicle may unintentionally be set in motion.

For example, if you are found sleeping in the driver’s seat, you may be able to rebut the presumption (because you did not intend to drive) but could still be found in care and control (meaning you would be convicted). Of course, this doesn’t mean that you would automatically be convicted. Depending on the facts, the trial judge might well decide that you were not in care and control.

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Testimonials

I’m a single mother, and was going through a very bad breakup. I made a terrible mistake by drinking and driving, and put my child at risk. However, this is not who I really am. I’m generally very against drunk driving. I know that what I did was wrong, but I’m basically a good person. Alan met with me very quickly, and got the ball rolling. He was straightforward and honest, and told me what my chances were. I eventually decided to fight the charges, because I just couldn’t have a criminal record. I was very impressed with his abilities in court, and I eventually won the trial. Thank you so much.

Mz W.

Allan Pearce was amazing and made the whole process easy to understand and gave me peace of mind. His experience and knowledge assured me that I had nothing to worry about. I highly recommend him as I didn’t even have to step a foot in the court room and he won my case with ease. If you end up in the same situation give this man a call because he gets results fast. Thank you Allan for everything, I am very grateful for how quickly you resolved this problem for me and how easy you were to talk to.

Lissa K.

Frequently Asked Questions

Will I Lose My Licence From a DUI Charge in Canada?

A DUI or impaired driving charge in Canada can result in a licence suspension, but whether you lose your licence — and for how long — depends on several factors including your province or territory, whether you are convicted, and whether it is a first or repeat offence. Here is a general breakdown:

  • Immediate roadside suspension: In most Canadian provinces and territories, including the Northwest Territories, police can suspend your licence immediately at the roadside upon a failed or refused breathalyzer test — before any court conviction
  • Upon conviction — first offence: A mandatory driving prohibition of at least one year is imposed federally under the Criminal Code of Canada
  • Upon conviction — second offence: A minimum two-year driving prohibition
  • Upon conviction — third or subsequent offence: A minimum three-year driving prohibition
  • Impaired driving causing bodily harm or death: Driving prohibitions can extend significantly longer, up to a lifetime ban in the most serious cases

It is important to understand that a charge alone does not automatically result in a permanent licence loss — a conviction does. Fighting your DUI charge with the help of an experienced lawyer may help you avoid or reduce the impact on your driving privileges. Additionally, some jurisdictions offer Ignition Interlock Programs that allow drivers to regain limited driving privileges while serving their prohibition period.

A DUI conviction in the Northwest Territories results in a permanent criminal record under the Criminal Code of Canada. This record does not disappear automatically over time. However, individuals may be eligible to apply for a Record Suspension (formerly known as a pardon) through the Parole Board of Canada after a waiting period:

  • Summary conviction DUI: Eligible to apply 5 years after completing your sentence
  • Indictable conviction DUI: Eligible to apply 10 years after completing your sentence

A Record Suspension does not erase the conviction but seals it from most background checks. It is important to note that a DUI on your record can impact employment opportunities, travel to the United States, professional licensing, and custody matters. Speaking with an NWT DUI lawyer about your long-term options is highly recommended.

In the Northwest Territories, DUI penalties include both federal criminal consequences under the Criminal Code of Canada and territorial administrative sanctions under the NWT Motor Vehicles Act. Here is what you can expect:

  • Immediate roadside licence suspension upon failing or refusing a breathalyzer test
  • Criminal conviction resulting in fines, imprisonment, and a driving prohibition
  • Mandatory participation in the NWT’s Ignition Interlock Program following certain convictions
  • Vehicle impoundment in applicable circumstances
  • Increased insurance premiums or potential loss of coverage
  • Permanent criminal record affecting employment, travel, and border crossing into the United States

Penalties become significantly more severe for repeat offenders or where impaired driving caused injury or death. An NWT DUI lawyer can help you understand your specific charges and available defences.

While cannabis has been legalized in Canada, it doesn’t mean you’re free to drive after taking it. 

Basic to Canadian highway laws is the responsibility to exercise due care for the safety of other road users. 

If your judgement is in any way impaired while driving – be it through the use of alcohol, illicit drugs, or prescription drugs – you may be committing a criminal offence and can be arrested and charged.

Cannabis consumption is confirmed by a blood or urine test, which will measure the amount of THC (the psychoactive substance in cannabis) in your system.

If you read over 2 nanograms (ng) of THC per millilitre of blood, you are breaking the law. If the reading is over 5ng, you will likely face more severe punishments.

While each province imposes penalties for impaired driving, the Department of Justice lays down some federal guidelines for the offence.

These include the following mandatory minimum penalties:

For first-time offenders:

A mandatory minimum fine of $1,000 applies for a BAC of 0.119 or (for a drug-impaired driving charge) 5ng of THC or any other prohibited drug in your system within two hours of driving. 

If you are found with 2.5ng of THC per ml and a BAC of .05 combined, the mandatory minimum fine is also $1000.

Fines increase according to BAC content from there:

  • 0.120 to 0.159: a minimum $1,500 fine
  • 0.160 or higher: a minimum $2,000 fine

For second-time offenders:

A second conviction for any of the above will result in a mandatory minimum of 30 days in prison. 

For third-time offenders:

A third conviction for any of the above will result in a mandatory minimum of 120 days in prison. 

The federal guidelines state that the maximum penalty for each of the above charges is 10 years in prison.

Not providing a sample:

If you choose not to provide a blood or urine sample to police you will be treated harshly, with a minimum fine of $2,000. The chances of a conviction are also high.

If an injury to another person results from your impaired driving, a summary conviction carries a maximum of two years in prison less a day.

In some particularly serious cases, the offence is charged as an indictment, with a maximum prison term of 14 years.

If your impaired driving causes the death of another individual, a life prison term is possible according to federal guidelines for indictments.

In addition to these federal guidelines, each province sets mandatory penalties for the removal of driving privileges and participation in drug and alcohol education programs.

Note that if you are convicted of impaired driving in Canada, you will face two separate driver’s license suspensions: a criminal suspension imposed by the federal government and an administrative suspension imposed by your provincial government. The administrative suspension will apply regardless of the outcome of your criminal case.

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Case Results

Mr. L Client charged with DWI/08

All charges dismissed by the crown before trial due to Charter problems with the crown’s case.

Mz. B. Client charged with DWI/08

All charges dismissed by the crown before trial due to Charter problems with the crown’s case.

Mr. B Client charged with DWI/08

All charges dismissed by the crown before trial due to Charter problems with the crown’s case.

Mr. M Client charged with DWI/08

All charges dismissed by the crown before trial due to Charter problems with the crown’s case.

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