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impaired
DCHP-2 (Jan 2013)
adj. — Law
under the influence of an intoxicant, usually alcohol.
Type: 5. Frequency — While impaired generally means "rendered worse; injured in amount, quality, or value; deteriorated, weakened, damaged" (see OED-3, s.v. "impaired" (1)), the term has undergone semantic change in North America to denote the state of being under the influence of alcohol or drugs when driving. The meaning is a shortening of phrases such as "driving ability is impaired" (see the 1950 quotation). In Canada, the phrase "impaired driving" is understood to mean driving while the ability to do so is impaired by drugs or alcohol, not vision impairments etc., and this usage is most frequent in Canada (see Chart 1).
In 1921, Parliament introduced the offence of "driving while intoxicated" - and this was understood to mean "substantial inebriation". But by the 1950s, research had shown that by the time people showed these outward signs of inebriation, their blood alcohol levels were already too high. Consequently, in 1951 the Criminal Code was amended to change the offence from driving while intoxicated to driving while the driver's ability to do so was "impaired" by drugs or alcohol (Kenkel 2009: 1-2). Section 253 of the Criminal Code of Canada states that "Every one commits an offence who operates a motor vehicle [...] (a) while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug" (see Justice Laws reference).
See also COD-2, s.v. "impaired" (1), which is marked "Cdn", Gage-5, s.v. "impaired", which is marked "Cdn. Law", and OED-3, s.v. "impaired" (2), which is marked "Canad.".
In 1921, Parliament introduced the offence of "driving while intoxicated" - and this was understood to mean "substantial inebriation". But by the 1950s, research had shown that by the time people showed these outward signs of inebriation, their blood alcohol levels were already too high. Consequently, in 1951 the Criminal Code was amended to change the offence from driving while intoxicated to driving while the driver's ability to do so was "impaired" by drugs or alcohol (Kenkel 2009: 1-2). Section 253 of the Criminal Code of Canada states that "Every one commits an offence who operates a motor vehicle [...] (a) while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug" (see Justice Laws reference).
See also COD-2, s.v. "impaired" (1), which is marked "Cdn", Gage-5, s.v. "impaired", which is marked "Cdn. Law", and OED-3, s.v. "impaired" (2), which is marked "Canad.".
Quotations
1950
[The former percentage represents the lowest concentration of alcohol at which driving ability is impaired.]
1951
Impaired Driver Pays $50 Fine Under New Law Kitchener, July 13 (CP) - In the first case of its kind in Kitchener, Lyle E. Marlatt of Drumbo today was fined $50 and costs on a charge of driving while his ability was impaired by alcohol. The charge was laid under a new section of the Criminal Code which permits a lesser penalty than the usual drunk driving charge which carried an automatic jail term.
1967
We wonder how many UWO students are picked up every weekend on charges of impaired driving or illegal possession of liquor. Does the administration expel them too, or was Mr. Kirk expelled only because in our present day society, the possession of drugs has more social stigma attached than does the possession of liquor?
1978
The case before Judge Greenwood involves the sentencing of Mr. Negridge for his second conviction of driving while impaired.
1987
Justice McKay said amendments to the Criminal Code say anyone convicted of a third or subsequent offence of impaired driving is liable to imprisonment for not more than two years and not less than three months.
1994
William John Hill of Kelowna was sentenced to eight months in jail after pleading guilty to driving while impaired Oct. 22 and refusing to provide a breath sample on Oct. 24, 1993.
2005
An advertisement on Saskatoon city buses promoting the services of lawyers who will fight impaired driving charges has drawn the ire of police, bus drivers and other groups.
References
- OED-3
- ITP Nelson
- Gage-5
- Kenkel (2009)
- Justice Laws Canada • Criminal Code
- COD-2
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