Consumption of alcohol or drug not intentional
Consumption of Alcohol or a Drug was involuntary (not intentional).
What this Means
Notwithstanding that it has been proven that an accused’s ability to drive was impaired by alcohol or a drug or that the accused was over the legal limit, It has not been proven that the accused knowingly consumed alcohol or a drug before operating a conveyance (a conveyance is defined as a motor vehicle, an aircraft, a vessel or railway equipment).
For any case in which you are charged with impaired operation of a conveyance or operation of a conveyance with a blood alcohol concentration of blood drug concentration over the legal limit, it is a defence to the charge if there is a
reasonable doubt as to whether the alcohol or drug was voluntarily consumed.
This defence would arise in circumstances where there is an air of reality to the possibility that you did not realize that you were consuming alcohol for a drug. For example, in circumstances where your drink could have been spiked without your knowledge.
Charged with a Criminal Offence? Get Every Defence.
Do not plead guilty without discussing your case with a lawyer. Many criminal offences have mandatory minimum sentences and a conviction will often result in a lengthy jail sentence. Being found guilty may result in negative employment, immigration and personal consequences to you and your family for years to come.