Updated: March 13, 2025
Legally Reviewed by Alan Pearse
Impaired Driving Charges
The Short Version:
a. Impaired Driving means “Drunk Driving.”
b. It’s not the same as an “over 08” charge.
The Long Version:
Impaired Driving is what most people think of as a “DUI” or “DWI.” In Canada, this is a criminal offence, pursuant to section 253(1)(a) of the Criminal Code. The test is this:
Is your ability to operate a motor vehicle is impaired by alcohol or a drug to some extent?
Lawyers use tend to use words in a very specific way, so it’s useful to break this sentence down. You’ll note that:
a. It’s your ability to operate a motor vehicle that has to be impaired.
This means that you can display some signs of impairment without triggering the statute. For example, you might have told the police that you had been drinking, and your breath might smell of alcohol, and you might have been slurring your speech. Under these facts, without stronger signs of impairment, you would likely be acquitted of the impaired driving charge. Note that this does not mean that you would automatically be acquitted of any other charge you had, such as an “over 08” or a refusal/failure to provide a sample charge.
b. The impairment can be related to either alcohol or a drug, or a combination of both.
This means that you can be convicted of impaired driving even if you are under the legal limit, or even if you have no alcohol in your body. For example, you might have been consuming marijuana or prescription medication, and this could have affected your ability to drive. If so, you could be convicted under the section.
About Alan Pearse
Alan Pearse is a Calgary-based DUI lawyer with a practice focused exclusively on impaired driving litigation. Author of Guide to Breathalyzer Certificates in Canada.
Practicing since 2000, he has defended thousands of clients and frequently lectures on DUI law to lawyers and students. A member of the Law Society of Alberta, he represents clients across Canada, except in Quebec. He regularly answers DUI-related inquiries from both legal professionals and the public.
Testimonials
What They Are Saying
Alan did a very good job. I felt like the police were on trial.
Mr. U
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 Klap
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
Alan was very professional and got the absolute best results!!! Would recommend him to anybody !!! Thank you Alan
Shaun Bailey
Alan represented me for the last 20 months with various charges. He has had all of my charges and fines dropped. He was always diligent at responding to my calls and texts when I had questions or concerns. His experience in DUI law and winning track record speaks for itself. I highly recommend Alan to anyone facing these charges and all of the other charges/fines that come along with anyone’s case.
Jenny Mosley