Toronto Impaired Driving Causing Bodily Harm Lawyer: Serious Charges, Careful Defence

A collision that injures another person changes everything about an impaired driving case. The charge moves into the most serious tier of the Criminal Code, the Crown takes a harder position, and the investigation can continue for weeks after the crash. If you or someone close to you has been charged, an impaired driving causing bodily harm lawyer in Toronto can step in early to protect your rights, preserve evidence and deal with police on your behalf. Our team at DUI Lawyer Toronto defends these serious charges across Toronto and the GTA.

What Is Impaired Driving Causing Bodily Harm?

Section 320.14(2) of the Criminal Code makes it a separate, more serious offence to commit an impaired driving offence and cause bodily harm to another person. The underlying offence can be any of the section 320.14(1) offences:

• operating a vehicle while impaired to any degree by alcohol, a drug or both (see our page on impaired driving)
• having a blood alcohol concentration of 80 mg or more within two hours of driving (explained on our over 80 page)
• having a prohibited blood drug concentration, or a combination of alcohol and THC, as described on our drug-impaired driving page

The Crown must prove the underlying offence and that the operation of the vehicle caused bodily harm to someone else. If a collision causes death, the charge becomes impaired operation causing death under section 320.14(3).

What Does "Bodily Harm" Mean?

Bodily harm generally means an injury that interferes with a person's health or comfort and is more than brief or trivial. Broken bones, concussions, deep cuts and injuries that require hospital treatment often qualify. Passing soreness or a minor bruise may not.

The nature of the injury matters twice. It decides whether the more serious charge can be proven at all, and it strongly affects the sentence if there is a conviction. Medical records, the timing of the diagnosis and whether the injury was caused by this collision can all be examined.

How Police Investigate Injury Collisions

Collisions involving injuries are usually investigated more thoroughly than ordinary impaired driving stops. Depending on where the crash happened, the Toronto Police Service, a regional police service or the OPP may send trained collision reconstruction officers.

That investigation can include:

• scene measurements, photographs and drone or mapping work
• vehicle inspections and data from the vehicles' event recorders
• witness statements and 911 recordings
• traffic, dashcam and nearby business video
• breath or blood samples from the driver
• medical records of the injured person

Much of this evidence takes time to gather. Charges are sometimes laid at the scene and sometimes weeks later. Either way, the defence needs to move quickly to identify and preserve evidence that the police may not collect, such as private video that is routinely overwritten.

Blood Demands and Warrants After a Crash

Drivers involved in serious crashes are often taken to hospital, where breath testing may not be practical. Police can make a demand for blood samples on reasonable grounds. Where a driver cannot consent because of their physical or mental condition, police may apply to a justice for a warrant to take blood.

Hospitals also draw blood for medical treatment. Police usually need legal authority, such as a warrant or production order, to obtain those medical samples or the related records. How and when the blood was taken, who took it, how it was stored and how the results were interpreted can all be challenged.

Charter Issues at the Hospital

Hospital investigations create their own Charter problems:

• Section 8 (unreasonable search). Officers must have reasonable grounds and lawful authority to take or seize blood, medical samples or records. Shortcuts at a busy emergency department are not unusual.
• Section 9 (arbitrary detention). The point at which a patient is detained, and whether that was lawful, may be unclear.
• Section 10(b) (right to counsel). Police must tell a detained person about the right to a lawyer and provide a real opportunity to speak with one without delay. Doing that properly in a hospital room, sometimes while the person is injured or medicated, is often difficult.

If a breach is proven, the court decides under section 24(2) and R. v. Grant whether the evidence should be excluded.

Penalties: Why These Charges Are So Serious

Parliament set much higher maximum penalties where someone is injured or killed:

The mandatory minimum penalties that apply to impaired driving also apply, but in bodily harm cases the minimum is rarely the real concern. Jail is a real risk, even for a person with no record. The court will also impose a driving prohibition, and a blood alcohol concentration of 120 mg or more is an aggravating factor at sentencing. Our DUI fines and penalties guide covers the general framework.

Provincially, the consequences include the 90-day Administrative Driver's Licence Suspension and 7-day impoundment where they apply, a licence suspension on conviction, Ontario's Back on Track program and an ignition interlock condition after reinstatement.

A conviction leaves a criminal record. Because impaired driving is now "serious criminality" under immigration law, permanent residents and foreign nationals can face inadmissibility or removal, and should also get immigration advice. A conviction can also complicate entry to the United States.

Causation: Did the Driving Cause the Injury?

The Crown must prove that the operation of the vehicle caused the bodily harm. Collisions are rarely simple. Road design, weather, lighting, mechanical failure, and the actions of other drivers, cyclists or pedestrians can all play a part.

A careful review of the collision reconstruction may show that the crash would have happened regardless of the accused person's condition, or that another factor was the real cause. Even where causation is proven, the circumstances of the collision can make a significant difference at sentencing. In some cases, an independent reconstruction review is worth considering.

Other Defences

The defences available in any impaired driving case still apply:

• Identity and operation. After a crash, it may not be clear who was driving.
• Weak impairment evidence. Injuries and shock can look like impairment. Confusion, unsteadiness and slurred speech after a collision may be caused by the crash itself.
• Breath and blood evidence. Timing, testing procedure and disclosure all matter.
• Delay. Under R. v. Jordan, cases in the Ontario Court of Justice should generally be completed within 18 months, and a longer ceiling applies in the Superior Court.

Our DUI defence guide explains these defences in more depth.

Bail and Release Conditions

Because of the injuries involved, police are more likely to hold a person for a bail hearing in these cases rather than release them from the station. Even when someone is released, the conditions can be strict. They may include not driving at all, not having contact with the injured person or witnesses, and not consuming alcohol or drugs.

Breaching a release condition is a separate criminal offence and can make the main case much harder to resolve. If you have been released, read your conditions carefully and ask a lawyer about anything you do not understand. If conditions are making work or family life unworkable, they can sometimes be reviewed or varied.

What Affects the Sentence?

If a case ends in a conviction, the sentence depends on the full circumstances. Courts commonly consider:

• the seriousness and lasting effects of the injuries
• the level of impairment and any blood alcohol reading of 120 mg or more
• the quality of the driving and whether there were other aggravating features
• any prior record for impaired driving or other driving offences
• remorse, and steps taken since the collision, such as counselling, addiction treatment or community involvement

Some of these factors are shaped by what you do after the charge. Getting advice early allows time to address them properly, without undermining any defence you may have at trial. A conviction also stays on your record until a record suspension is granted; our article on how long a DUI stays on your record in Canada explains the waiting periods.

Civil and Insurance Consequences

A criminal charge is only part of the picture. An injured person may bring a civil lawsuit, and your insurer may investigate, raise your premiums or dispute coverage. Anything you say to an insurer or in a civil matter can become relevant to the criminal case. We generally recommend getting criminal defence advice before giving any statement, and coordinating with the lawyer handling any civil claim.

Why Early Counsel Matters

The first days after an injury collision are often the most important. Evidence is fresh, private video still exists, witnesses remember what they saw, and police may still be deciding what to charge. Early advice can help you avoid statements that harm your defence, respond properly to police requests, and prepare for a bail hearing if one is needed.

These cases are heard across the GTA, including at the Ontario Court of Justice, Toronto Courthouse, and in regional courthouses serving areas such as Brampton and Oshawa. Some serious cases move to the Superior Court of Justice. Wherever your case is heard, our team can explain the process and your options. Contact us for a confidential consultation.