What's the difference between Impaired & Over 80 charges in Ontario?...  READ MORE

 

Should I Fight My DUI Over 80 Impaired Driving Charges?

 
One of the questions any potential client charged with DUI is asking theselves is whether or not they should fight their charges?  They want to know if paying a lawyer is worth the expense when a police officer says "they blew over" or "there was an accident."  People want to know whether or not they should spend the money when they can plead guilty and "just" get a fine and get their license back under Stream "A" within a few months.
 
Average cost of an impaired driving conviction
  • insurance rates
  • back on track
  • interlock devices
  • criminal record
  • loss of job
  • inability to volunteer
  • inability to obtain new employment
  • potential problems with the US Border
  • inability to rent a car in some circumstances
  • contrary to popular belief, you often cannot just drive on your spouse's insurance or company insurance without disclosure to the company of the conviction - if a situation involving a claim happens, you may be uninsured
  • admission of liability in situation of any kind of accident
  • inability to obtain secondary insurance beyond basic liability, preventing you from leasing or financing new vehicles
  • besmirches character - important in situations of politics and public life
  • reputation in the community
  • if any judgment occurs as a result of the admission of liability it destroys your credit rating
There are defences to DUI cases, whether or not they are impaired driving, over 80, or refuse to blow.  The government is required to prove any allegation of any criminal offence beyond a reasonable doubt.  Trials are used as a means of limiting state power.  The constitutional arguments raised contribute to the rule of law in Canada.  Despite what the police and the manufacturers of the technology like to tell the public, the breathalyzer machines are not infallible.  They have margins of error at the best of times and are outright wrong at the worst.  There are health issues that can result in a false positive.  Interference from other devices can result in errors.  Failure to maintain and calibrate the machine properly can result in errors.
 
You have the right to a trial in Canada.  There is very little downside risk to running a trial.  Some of the defences are apparent from the initial interview.  Therefore you have nothing to lose by taking advantage of a  free call for an initial discussion about your case.  Most people are quite pleasantly surprised that all hope is not lost after speaking with us about their case.

 

Penalties for impaired driving convictions.     

Number of instances

Penalties

First time

  • Mandatory education or treatment program
  • 1 year minimum requirement to drive a car equipped with an ignition interlock device
  • No minimum jail sentence
  • $1,000 fine
  • Licence suspended for minimum 1 year*

Second time

  • Mandatory education or treatment program
  • 3 year minimum requirement to drive a car equipped with an ignition interlock device
  • 30-day minimum jail sentence
  • Fine amount at the discretion of the judge
  • Licence suspended for minimum 3 years

Third and subsequent times

  • Mandatory education or treatment program
  • Variable interlock periods (depending on sequence of prior convictions)
  • 120-day minimum jail sentence
  • Fine amount at the discretion of the judge
  • Lifetime licence suspension (can be reduced to 10 years if certain conditions are met)

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Impaired DUI Over 80 Defence

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