Charged with Impaired Driving in Ontario?
it must be remembered that you are presumed innocent until proven guilty and the Crown bears the heavy burden of proving all essential elements of the case beyond a reasonable doubt. Given the heavy penalties involved you owe it to yourself to seek the best possible representation from an experienced lawyer with a record of defending these types of cases. If you are uncertain about your rights and need to win the case to keep your licence and avoid a criminal record then why not call the Impaired Driving Defence Centre? Our initial consultation is always free and IDDC colleagues can speak with you, promptly.
What Happens After I am Charged with a DUI?
Driving impaired or with more than 80 milligrams of alcohol in 100 millilitres of blood (.08) is an offence under the Criminal Code. Even if your blood alcohol concentration is less than .08, you can still be charged with impaired driving under the Criminal Code.
You will receive an immediate 90-day administrative driver’s licence suspension if your blood-alcohol concentration is more than .08, or if you fail or refuse to provide a breath or bodily fluid sample, perform a physical co-ordination test or submit to an evaluation. You will also be subject to an immediate seven-day vehicle impoundment.
Penalties for impaired driving convictions:
First Offence:
- First offence, with blood alcohol content of 80-129 mg: mandatory minimum $1,000 fine
- First offence, with blood alcohol content of 130-159 mg: mandatory minimum $1,500 fine
- First offence, with blood alcohol content of 160 mg or more: mandatory minimum $2,000 fine
- First offence, but refuse to be tested: mandatory minimum $2,000 fine
- Mandatory education or treatment program
- Mandatory Ignition Interlock period of at least 9 months
- Prohibited from Operating a motor vehicle of any kind within Canada for a minimum of 1 year, subject to the ignition interlock program
Second Offence:
- Mandatory education or treatment program
- 3 year minimum requirement to drive a car equipped with an ignition interlock device; subject to the Stream D program
- mandatory minimum 30 days imprisonment
- Fine amount at the discretion of the judge
- Licence suspended for minimum 3 years by the Ministry of Transport; subject to the Stream D program
- Minimum 2 year prohibition on operating a motor vehicle anywhere in Canada, even if they don’t require a driver’s license
Third and subsequent Offences:
- Mandatory education or treatment program
- Variable interlock periods (depending on sequence of prior convictions)
- mandatory minimum 120 days imprisonment
- Lifetime licence suspension (can be reduced to 10 years if certain conditions are met on the third conviction; on fourth or subsequent conviction lifetime suspension with no possibility of reduction)
Charged with Over 80, Impaired Driving?
Blowing over 80 is the most common drinking and driving Charge that is defended in the courts. In Ontario, operating an automobile, boat, snowmobile or motorcycle - motorized vehicle with an alcohol level that exceeds 80 milligrams of alcohol per 100 millilitres of blood is over the legal limit "driving under the influence".
Toronto & GTA Call 289.481.1007- Outside GTA Call 1-877-497-3927