Impaired Care and Control means being in a position to operate a vehicle (like a car, boat, or plane) while under the influence of alcohol or drugs (or both), even if you're not actually driving. It doesn't matter if the vehicle is moving or not. The law focuses on the potential danger you pose when you're impaired and have access to a vehicle.
Three key elements define "care and control" under the law:
This offence applies not only to motor vehicles but also to railway equipment, vessels, and aircraft, even when they are stationary. The law is designed to prevent impaired individuals from putting themselves or others in danger, meaning you can be charged without driving. For example, sitting in the driver's seat, having the keys in the ignition, or even being near the vehicle with the intention of driving soon. could be enough to face charges.
Examples of Care and Control:
Here are some common examples of situations where a person could be charged with impaired care and control:
Importantly, in all these scenarios, the court will consider the totality of the circumstances, including your location, the time of day, your level of impairment, and any statements you made to the police.
To convict someone of an impaired care and control offence, the Crown must prove two key elements beyond a reasonable doubt:
Impairment – The Crown must demonstrate that the accused's ability to operate a vehicle was impaired by alcohol or drugs (or both). This can usually be proved through evidence like breathalyser results showing a BAC above the legal limit, oral fluid drug screeners,physical signs such as slurred speech, unsteady movement, or the smell of alcohol, admissions by the accused, or witness testimonies.
Care and Control – The Crown must establish that the accused had "care and control" of the vehicle, even if it wasn’t moving. This includes proving:
For a successful conviction, both elements must be proved beyond a reasonable doubt, which is often through a combination of physical evidence, witness testimony, and the specific facts of the case.
Care and control while impaired offences carry the same penalties as impaired driving, even if the vehicle was not in motion. The severity of the penalties depends on the offender's history and the specifics of the case.
These mandatory minimums can increase significantly based on aggravating factors, such as:
Additionally, offenders may face licence suspension, typically ranging from 1 to 3 years. In cases of repeat offences, a lifetime driving ban is possible. Offenders may also be ordered to undergo education or treatment programs or to install an ignition interlock device.
While impaired care and control charges are serious, several legal defences can be used to challenge them. These defences often focus on procedural errors, questioning the evidence, or disproving the key elements of care and control.
One possible defence against impaired care and control charges is to question the legality of the traffic stop. Police must have reasonable grounds to stop a vehicle or investigate someone for impairment. If the stop was unlawful—meaning there were no legitimate grounds for the police to intervene—any evidence obtained during the stop, such as breathalyser results or observations of impairment, may be excluded in court.
Another defence involves scrutinising whether the police followed proper procedures during the investigation. Officers are required to adhere to strict protocols when conducting traffic stops, administering breathalyser tests, and informing the accused of their rights. If any steps were mishandled—such as improper breathalyser administration, failure to inform the accused of their right to counsel, or mishandling evidence—the defence can argue that the evidence is unreliable.
One of the core elements of care and control is the intention to either drive or "set the vehicle in motion." The prosecution must prove this beyond a reasonable doubt. If it can be shown that you had no intention to drive or move the vehicle, this can be a strong defence.. For instance, the accused may have been using the car as a safe place to sleep or was waiting for a ride. Other factors, such as the vehicle being immobile or the keys not being in possession, can further support this defence.
If your Charter rights (such as those under Section 8 – protection against unreasonable search and seizure, or Section 10 – right to counsel) were violated during the investigation or arrest, evidence obtained during that process may be excluded from the case.. This can weaken the prosecution's case, potentially leading to a reduction or dismissal of charges or acquittal due to insufficient admissible evidence.
Impaired care and control cases often hinge on specific facts, technicalities, and procedural issues. A criminal defense lawyer with experience in impaired driving laws can thoroughly examine the evidence, procedures followed by law enforcement, and any potential violations of your rights to create a strong defense strategy.
If you or a loved one is facing impaired care and control charges, contact Pyzer Criminal Lawyers. With extensive experience defending impaired driving cases, our team has the knowledge and expertise to achieve the best possible outcome based on the specifics of your case.
Impaired driving involves actively operating a vehicle while under the influence of alcohol or drugs (or both). In contrast, care and control charges can arise even if the vehicle is not in motion. Care and control focus on the potential risk of someone impaired having the ability to operate the vehicle, such as sitting in the driver’s seat with the keys, meaning the person could easily drive while impaired, posing a danger.
In care and control cases, police must follow strict procedures when collecting evidence. This includes conducting breathalyser tests within two hours of the alleged offence, ensuring the test is administered by a qualified technician, and properly informing the accused of their right to legal counsel. The police must also have reasonable grounds to stop or detain an individual. Any deviation from these protocols, such as improper testing or failure to uphold the accused’s rights, could lead to evidence being excluded, weakening the prosecution's case.
Even if you're not driving, you can still be charged with impaired driving-related offences if you are in care or control of the vehicle while impaired. For example, simply being in or near the vehicle with the ability to operate it while impaired—such as sitting in the driver’s seat with the keys in your possession or in the ignition—is enough to face charges. The law focuses on the risk that an impaired person could operate the vehicle, even if they had no intention of driving.
