Written By: Ravi Prithipaul

Drinking and driving continues to be a debilitating problem in our society. Impaired driving causes injury and death in Alberta every year. It is precisely because of the serious risk of collisions that operating motor vehicles (whether an automobile, truck, off-road vehicle or boat) while under the influence of alcohol or drugs is illegal.Criminal Consequences and a Potential Personal Injury Lawsuit

Criminal and regulatory consequences can result from impaired driving, such as fines, jail, and suspension of a driver’s license. The criminal law is designed to punish and deter offenders, and to protect the public from future harm, but does not provide compensation to those who have been personally harmed. The civil law, a personal injury lawsuit for example, provides compensatory damages.

Having Your Criminal Record Follow You

Another serious consequence of an impaired driving conviction is a criminal record. Criminal records are permanent. Although an application can be made for a “record suspension”, these applications are not always successful and can only be made after five years at the earliest. Moreover, Canadian police forces as well as the United States border officials generally retain criminal records even if a record suspension is granted.

Driving offences, including drinking and driving convictions, are also documented in provincial records under the Traffic Safety Act. The police and prosecution can have access to ten year or even lifetime driving records.

How Your Criminal Record Can Affect Other Areas of Your Life

In addition to the immediate penalties, a criminal record resulting from an impaired driving conviction can affect many aspects of one’s life, such as work, travel, immigration status, and auto insurance premiums.

Many employers insist on criminal background checks, as is their right. This practice is obviously more prevalent in some industries than others. For example, employment in the legal domain, banking, and teaching may be more difficult to obtain with a criminal record.

If you wish to work with children or elders, or in the “vulnerable sector”, you could be denied a job because of a company policy prohibiting hiring anyone with an impaired conviction. A vulnerable sector check with a local police force may be required where, for example, the person applying will be in a position of trust or authority of children under 18 years of age, the elderly or the disabled.

If you were working before you were convicted of impaired driving, your employer may have grounds to terminate the employment relationship. Company rules were likely violated if you got into an accident while you were driving impaired during work hours or while using a company vehicle.

Be particularly careful if you are a foreign national living in Canada but not yet a permanent resident or Canadian citizen. Any conviction under the Criminal Code, including for impaired driving offences, may constitute grounds for deportation.

In addition to financial fines, there are costs associated with towing and vehicle impoundment. There is also a fee associated with the mandatory coursework required under the Traffic Safety Act for reinstatement of an operator’s license after a conviction. Increased insurance premiums rates will certainly ensue for several years once you are able to drive again.

You will want to hire the best lawyer you can afford to represent you in court. It is wise to invest in competent counsel with extensive experience in the field of impaired driving defence such as Ravi Prithipaul, Q.C.