PANS-08

POLICE ASSOCIATION OF NOVA SCOTIA 103 - Chemotherapeutic agents - Immunosuppressants - Steroids (Source: Physician's Guide to Driver Examination) Alcohol and the Law Even if you are well below the .08 level of alcohol in the blood that is accepted as the legal level in law, you can still be impaired; and the courts recognize this. Being caught at above .08 per cent blood alcohol in the bloodstream, in itself, is a criminal offense. But you can be impaired on one drink and can be charged and convicted with less than .08 in your bloodstream if you show other symptoms of impairment. The average blood alcohol content of convicted alcohol-involved drivers in Nova Scotia is .16 per cent -- twice the legal level. FAILURE OR REFUSAL TO PROVIDE A SAMPLE: The courts will convict a person who, without a reasonable excuse, fails or refuses to provide a sample of their breath or blood to a peace officer. The Criminal Code of Canada Under the Criminal Code of Canada a person commits an offense when operating or in care or control of a motor vehicle while impaired by alcohol or drugs even though their blood alcohol level is less than 80 milligrams of alcohol in 100 mL of blood (.08 per cent). Penalties can include fines, imprisonment, or both, and a prohibition from driving. Convictions may result in the loss of insurance, higher insurance rates, and loss of employment. If a peace officer has "reasonable and probable grounds" to suspect the presence of alcohol, the driver of a vehicle may be demanded to supply a sample of breath in an approved screening device (ALERT), or to accompany the peace officer to provide a breath sample for analysis (Breathalyzer). If the person is unable to provide a breath sample, the peace officer may demand a sample of blood be taken by a qualified medical practitioner for analysis. It is an offense to refuse to provide these samples. Penalties in Nova Scotia Penalties in Nova Scotia for driving while impaired are outlined below, and all fines and assessment fees must be paid by the driver. The judge's decision and sentencing is based upon the specific facts of each case. Fines and jail terms can also be affected by whether any deaths, bodily harm or dangerous driving resulted from the motorist's actions. 1ST OFFENCE: • a fine of $600 to $2000 • revocation of driving privileges for one year from the date of conviction (not the date of being charged) • completion of an Addiction/Drug Dependency Services assessment program ($366, your cost) • licence reinstatement fee of $100 (your cost) • you might also be required to be re-take any and all of your driver's tests, including written, road, and vision tests. 2ND OFFENCE, WITHIN A 10-YEAR PERIOD: • a fine of $600 to $2000 • possible prison term of at least 14 days* • revocation of driving privileges for three years from the date of conviction (not the date of being charged) • completion of an Addiction/Drug Dependency Services assessment program ($366) • licence reinstatement fee ($100) • you must re-take your driver's tests: written, road, and vision tests. 3RD OFFENCE, WITHIN A 10-YEAR PERIOD: • a fine of $600 to $2000 • prison term of at least 90 days* • revocation of driving privileges is indefinite (minimum of ten years) from the date of conviction (not the date you were charged) • completion of an Addiction/Drug Dependency Services assessment program ($366) • licence reinstatement fee ($100) • you must re-take your driver's tests: written, road, and vision tests. 4TH OFFENCE, WITHIN A 10-YEAR PERIOD: • permanent revocation in addition to all of the penalties provided under the Criminal Code of Canada * Persons prosecuted by indictment for offences under Sections 253, 254 of the Criminal Code (Canada) are liable to receive a prison term of up to five years. Persons prosecuted by way of summary conviction under these sections are liable to receive a prison term of up to six months. (...Alcohol and Driving continued) www.gov.ns.ca

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