Guilty Of DUI For Operating A Wheelchair While Impaired In Canada

Did you know that in Canada, our DUI laws can result in being arrested and found guilty for operating a motorized scooter while drunk?

Yes, and the reason is section 2 of Criminal Code defines a \”motor vehicle\” to mean any vehicle that is drawn, propelled or driven by any means other than muscular power.

In R. v. Shanahan the accused while drunk in a motorized scooter crossed a road. While doing so, the police saw him and pulled him over. He failed a breathalyzer (approved screening device), and was arrested for DUI.

One piece of important information in this case is the defendant could move about on his own some – approximately one hundred to one hundred and fifty meters.

The Ontario Court hearing the case found that a motorized personal device, such as a personal device is a motor vehicle under the Criminal Code. However, the defendant then made an application under section 15 of the Charger arguing his equality rights were breached.

The section 15 Charter breach hearing (equality rights) dealt with these two issues.

1. Were the accused\’s section 15 equality rights breached?

J.D. Wake J. held that the Canada DUI laws (section 253 of the Criminal Code) does not make a distinction between people reliant on motorized wheelchairs and people who don\’t need motorized scooters.

Equality rights assessments use a comparator group. In this case the comparator group were all able-bodied persons who drank too much alcohol. This was the critical finding – the Court held because the accused was not completely immobile that he was not disadvantaged compared to the comparator group.

Moreover, able-bodied people who walk in public while drunk can be arrested and convicted for mischief – therefore lessening any distinction even more.

2. What about the dignity of the defendant under s. fifteen of the Charter?

The honourable judge found the following regarding the accused\’s dignity.

\”The argument in favour of striking down s.253 seems to be that the dignity of a disabled person can only be sustained if he is afforded the right to behave with a lack of dignity. In my view s.15 of the Charter should not be used to support the result of such inverted reasoning.\”

At the end of the day, Canada DUI laws mean a person cannot be drunk while operating a motorized wheelchair.

Considerations:

This specific case involved someone not totally disabled. Therefore, the outcome could be different if a person was 100 percent disabled.

Is it possible a person could be found guilty of our DUI laws if while on pain medication used a motorized wheelchair?

Given Canada\’s DUI laws that you can be convicted seated in the driver\’s seat of a car not moving, could this happen if not moving in motorized wheelchair?

Want to find out more about defending a DUI, then visit Metro Vancouver criminal lawyers Dykstra & Company, where you can read more information written by MetroVancouver lawyer Jon Dykstra.