First Impaired Charge

Q: I'm just curious what an individual usually receives for punishment on there first impaired?

A: For a first time conviction of impaired driving, the usual punishment is a one year suspension of an individuals drivers license along with 10 points added to the person's driving record ordered by the Superintendent of Motor Vehicles. The court may also impose a driving prohibition of not less than 3 months and not more than three years. There is also a fine of not less than $600 imposed by the court upon conviction. The person convicted of impaired driving will now have a criminal record.

Suspension on conviction for certain offenses
Section 232 (1) of the Motor Vehicle Act indicates that in this section:
"convicted" includes the granting of an absolute or conditional discharge
(2) If a person is convicted of a motor vehicle related Criminal Code offense or under a provision that is enacted by a state of the United States of America and that is designated by the regulation, his or her driver's license and his or her right to apply for or obtain a driver's license are deemed to be suspended for the period referred to in subsection (3).
(3) A suspension under subsection (2) is effective from the date of sentencing, the date that the passing of sentence is suspended, the date of being granted an absolute or conditional discharge or the date a court makes a disposition under the Young Offenders Act (Canada) or the Young Offenders (British Columbia) Act, and is, subject to section 233, effective for the following period:
(a) on the first conviction, for one year

Constable R.A.(Richard) ASELTON
Central Okanagan Traffic Services - Media Liaison
Kelowna R.C.M.P. Detachment

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