INTRODUCTION AND BRIEF DESCRIPTION

Section 253 of the Criminal Code sets out the offences of impaired driving and over 80, commonly referred to as DUI offences.

SECTION WORDING

253(1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not, (a) while the persons ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or (b) having consumed alcohol in such a quantity that the concentration in the persons blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.

EXPLANATION

Section 253(1) sets out the offence of operating a motor vehicle while impaired by alcohol or drug. It further sets out the offence of "over 80". The two sections create criminal offences for difference cross sections of the broad concept of "drinking and driving".

COMMENTARY

Section 253(1) of the Criminal Code of Canada lays down the legal standards in Canada regarding driving or operating a motor vehicle, vessel, aircraft, and railway equipment. This provision is designed to protect public safety and reduce fatalities. It is well established that the term "care or control" is broad, including situations where an individual has the potential to influence the vehicle's movement, such as sitting in the driver's seat with keys in the ignition.