De Boyrie Law

You don’t have to be driving to be charged. Simply sitting in the driver’s seat with the keys nearby can trigger an impaired-related offence—and serious consequences.

DUI Over 80mg Charge vs. Impaired Driving Charge

Care or control charges often catch people by surprise. You may have pulled over to sleep, sat in a parked car to wait for a ride, or never intended to drive at all—yet still face the same penalties as if you had driven drunk. These cases hinge on fine details: where the keys were, how the vehicle was positioned, and what the police observed. We focus on breaking down those facts and presenting reasonable alternatives that show you were not a danger to the public. In a legal landscape where assumptions are dangerous, strategy matters.

Popular questions

What does “care or control” mean under Canadian law?

It refers to having the ability to set a vehicle in motion while impaired—even if you weren’t actually driving. Sitting in the driver’s seat with access to the keys can be enough.

Yes. Courts often assume risk if you’re in the driver’s seat with the keys nearby. However, this can be challenged with evidence showing you had no intention to drive.
The penalties are the same as impaired driving: fines, licence suspension, possible jail time, and a criminal record. These charges should be taken just as seriously.
By showing that there was no realistic risk of you setting the vehicle in motion—such as being parked safely, keys being out of reach, or other plans to avoid driving.

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