Canadian Criminal Sentencing/Offences/Impaired Driving, Over 80 and Refusal

Principles
Impaired driving causes "the most significant social loss to the country"

The primary principle to be considered is general deterrence.

The lack of bodily harm or death is not necessarily eliminate the need to protect the public. The Court can consider the risk of potential harm from the offender's conduct.

In Manitoba, impaired causing bodily harm will typically involve a range of sentence from 3 to 18 months.

In Nova Scotia, the range of sentence for impaired driving causing death with no prior record is 2 to 5 years.

Factors
Aggravating factors:
 * BAC reading, esp. if exceeding 160mg
 * other signs of a high degree of impairment
 * injuries to other persons
 * prior alcohol-related convictions, including dates

See also:Musseau, [2010] N.J. No. 25 (P.C.)

Ranges
See: Canadian Criminal Sentencing/Appendix/Motor Vehicle Case Law