Michael Golden Law Corporation Oct. 18, 2016

There is little worse than being involved in a car accident, especially if there are injuries as a result. Normally, if a person who hits you is intoxicated at the time, it’s much easier to prove fault and seek the compensation you need. Here are a few facts that you can use in your case against a negligent driver.

The criminal limit for your blood alcohol concentration is .08 per cent in Canada. If a driver is in an accident when his or her BAC is at or over this percentage, then that driver can be charged with impaired driving and face criminal charges as well as a claim made by you, the victim. Even though this is the criminal limit, a person who hits you while drunk can still face penalties if his or her BAC is .05 per cent or higher. The reason behind this is that a person can still be impaired with a lower BAC.

Most people who are drinking socially never go over the .05 per cent limit. A glass of wine or two with dinner or having a few beers with food over an hour or two should not result in going over that limit. Of course, the only way to be sure that a driver isn’t driving while intoxicated is to make sure that the person doesn’t drink before getting into his or her vehicle. If anyone thinks that drinking is going to take place, then it’s always a good idea for that person to have a designated driver. With public transportation, taxis and other options, there’s never a reason to get behind the wheel intoxicated.

For young drivers, most provinces and territories have a zero per cent blood alcohol content requirement. This is typically enforced until they complete the graduated licensing program and could extend until they reach the age of 21. Those who violate the .05 per cent or .08 per cent rules face penalties such as suspension programs, vehicle impounding or other remedial program requirements.

According to Mothers Against Drunk Driving, it’s those between the ages of 16 and 25 who are most likely to cause a drunk driving accident. They are more likely to drink and drive due to immaturity and are more inexperienced compared to other drivers.

Source: MADD, “Blood Alcohol Concentration (BAC),” accessed Oct. 18, 2016