Impaired driving is one of the one of the most common causes of death in Canada. On average, 22 Nova Scotians die each year from alcohol related collisions. Though the focus of this article is on driving under the influence of alcohol, it is similarly against the law to drive while impaired from other drugs.

Despite years of public education and stronger enforcement measures, impaired drivers continue to endanger innocent people on roads across the province. If you or a loved one has been injured in an accident caused by a suspected or confirmed drunk driver, understanding your rights under Nova Scotia law is critical–especially when pursuing compensation.

This article explains what is considered driving while intoxicated, how these limits are enforced in Nova Scotia, and how determinations of intoxicated driving may impact personal injury claims.

What Qualifies as Drunk Driving in Nova Scotia?

Intoxicated Driving as a Criminal Offence:

  • Under section 320.14 of the Criminal Code of Canada, a person is committing a criminal offence if their blood alcohol concentration (BAC) is 0.08% or higher while operating a conveyance.
  • Conveyances include: motor vehicles, vessels, aircrafts, and railway equipment.
  • Motor vehicles include all subcategories of the typical vehicles one may see driving down the road, and additionally electric bikes and scooters.
  • It is also an offence to fail or refuse to comply with a demand from a police officer to perform tests of physical coordination or provide a sample for analysis of alcohol content.
  • As federal criminal legislation, these laws and all those associated apply nationally to all provinces and territories, including Nova Scotia.

Nova Scotia Specific Regulations:

  • In addition to the criminal limit, all provinces and territories have enacted additional legislation to supplement the provisions of the Criminal Code.
  • Nova Scotia’s provincial legislation is the Nova Scotia Motor Vehicle Act, which provides the authority to sanction drivers with a BAC of 0.05% to 0.08%.
  • Though this range is not considered criminally impaired, it is still treated very seriously under traffic regulations. Sanctions can include immediate roadside short-term license suspension, vehicle impoundment, enrollment into the alcohol ignition interlock program, and more.
  • Regardless of age, there is a zero-tolerance impairment policy for novice drivers in Nova Scotia, as outlined under their Graduated Driver Licence system. These drivers can face penalties for any detectable level of alcohol in their system.

For injured victims, it is important to note that a criminal conviction is not required to pursue a personal injury claim. If the driver’s BAC was over 0.05%, that violation alone can help support a strong civil case for negligence.

How Drunk Driving Creates Civil Liability

Many serious accidents are caused by intoxicated drivers, potentially resulting in life-changing injuries, psychological trauma, or fatalities. Intoxication cannot be used as an excuse to evade responsibility for an accident. Everyone operating a motor vehicle owes a duty of care to others. This strictly prevents drivers from getting behind the wheel while inebriated.

Almost universally, driving while intoxicated is seen as clear negligence. When negligence from another has caused your injury, you are legally entitled to sue them for damages, even if criminal charges are simultaneously being pursued.

Can Criminal Charges Affect the Outcome of a Personal Injury Case?

If the at-fault driver in a collision is criminally charged with impaired driving, it can significantly strengthen the injured individual’s civil case. Though criminal charges and civil lawsuits are entirely separate areas of law, they can intersect in important ways:

  • Evidentiary Value → A criminal conviction, or a charge to a lesser-extent, can serve as powerful evidence to the injured victim’s personal injury claim, as police having the grounds to lay charges supports the civil argument that the other driver acted negligently or recklessly.
  • Insurance Leverage → During negotiations with insurance companies, a criminal charge puts the representative of the intoxicated driver in a more vulnerable position. Insurers may be more likely to settle for a higher amount rather than avoid the risk of a trial.
  • Impact on Liability → Should the claim proceed to trial, civil courts are also more likely to find that the intoxicated driver was 100% at-fault for the collision. Even if no conviction occurred, the standard of proof is lower in civil cases, and the charge itself may lead to liability more favourable for the injured victim.
  • Punitive Damages → In some cases, intoxicated driving paired with especially egregious conduct, such as excessive speeding or fleeing the scene, may result in punitive damages being awarded in addition to other damages.

What to do if You Were Injured by a Drunk Driver

  • Call 911 or emergency services immediately.
  • Request that the police attend the scene and conduct testing.
  • Collect detailed information from the accident, record all your observations, take photos, gather the contact information of the other driver as well as any witnesses, and the accident report number from the police.
  • Seek immediate medical attention, even if you feel okay.
  • Inform your insurance of the accident and provide all necessary information.
  • Consult with a personal injury lawyer to learn about your rights and options. At NOVA Injury Law, we offer a free phone or in-person meeting with a lawyer that will leave you more educated about your claim.

Please refer to our recently posted guide for a more in-depth look at the steps you should take directly after a car accident, aimed at helping you navigate complexities and remain composed in the aftermath of a collision.

Recognizing the Signs of Drunk Driving

If you are involved in a crash and suspect that the other driver is intoxicated, take care to pay attention to the following:

  • Smell of alcohol on their breath or in their vehicle;
  • Slurred speech or difficulty standing;
  • Open alcohol containers in plain view;
  • Delayed reactions, confusion, or erratic behaviour; and
  • Swerving, running red lights, or other traffic violations before the collision.

Police officers in Nova Scotia have the authority to conduct mandatory alcohol screening, even without signs of impairment. Any driver that has been lawfully stopped can be asked to provide a breath sample using a roadside screening device.

Be sure to document as much as possible and report everything to the attending police officer. This evidence may prove to be vital if you decide to pursue an injury claim.

Getting Support For Your Personal Injury Claim

Claims against intoxicated drivers can be complex. The intoxicated driver may flee the scene without being identified, multiple vehicles could be involved in the accident, there may be victim fatalities requiring a wrongful death lawsuit, or the at-fault driver themself may be deceased.

If you have been injured by a drunk driver, know that you are not alone and that you have legal rights. An experienced personal injury lawyer can help you handle legal stressors and hold the other driver accountable for their actions.

The legal team at NOVA Injury Law can provide the guidance you need. Our mission is to ensure you have the resources and support you need to live a better life and have peace of mind about your financial status. To learn more or to schedule a free consultation, please contact us at (782) 824-5197 or info@novainjurylaw.com.