What is the test for driving under the influence of alcohol?

The actus reus of the offence is the act of assumption of care or control when the voluntary consumption of alcohol has impaired the ability to drive. The mens rea for the crime is the intent to assume care or control after the voluntary consumption of alcohol has impaired the ability to drive: Queen v. Toews, 1985 CanLII 46 (SCC), [1985] 2 S.C.R. 119, 21 C.C.C. (3d) 24 (S.C.C.) at p. 28. Proof of the mental element of this offence does not require a showing that the accused intended to drive the vehicle: Ford v. Queen, 1982 CanLII 16 (SCC), [1982] 1 S.C.R. 231, 65 C.C.C. (2d) 392 at 399, per Ritchie J.