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DUI Lawyers Ontario, Fighting Impaired Driving Over 80mg Charges

  • Should I Fight My DUI Charges?

    Should I Fight My DUI Charges?

    Charged with a DUI? Are you facing Impaired Over 80mg , Drugs or Marijuana Charges in Ontario? Is it worth fighting? Contact the IDDC for a free consultation.
  • DUI Lawyers Ontario Charges

    DUI Lawyers Ontario Charges

    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.
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Is it worth fighting a DUI Impaired Charge in Ontario? Free Consultation... Contact Us

 
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 Impaired Driving, Over 80mg DUI Lawyers in Welland

Ontario Criminal DUI Lawyer, Chris Avery

DUI Lawyers in WellandBlowing over 80 is the most common drinking and driving Charge that is defended in the Niagara Region courts. 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.

You were arrested, Charged with Over 80mg

 It is a scary situation, you have never broke the law before. You felt fine, you weren't drunk but you blew over 80 at a RIDE Spotcheck or a traffic stop. Does this mean you are guilty?! Until the evidence is seen by a DUI specialist only then can your options be presented to you. How much will this cost? Again, you need to sit down with a lawyer to understand the complexities of your case. Contact us today for a Free Consultation.

Charged with Impaired?

 Being impaired may not be qualified by blowing over 80 with a roadside breathalyzer if the officer made a roadside stop because you were driving erratically. If the officer suspects you are driving under the influence “ DUI” of alcohol or narcotics and you admit to having “a drink” you will be instructed to cooperate in a roadside physical test “walk a straight line” if there is physical evidence of inebriation.

 Impaired by Narcotics & Marijuana

There may also be an officer who is trained to identify narcotics impairment dispatched to assist in the evaluation.  If it is determined you are driving under the influence you may be placed under arrest and transported to the police station for further testing and evaluation. If Alcohol is suspected to be the impairment you will be asked to submit to a blood alcohol test.  The results of that Blood Alcohol test may be below the legal limit and that may eliminate the over 80 charge. You will be left with the charge of impaired to fight in court

 

Call to schedule a Free Consultation

 Welland Call  289-426-5766 -  Outside Welland Call  1-877-497-3927

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

Toronto & GTA Call  289.481.1007  Outside GTA Call  1-877-497-3927

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Your Right To Fight DUI Charges in Ontario - Should You Fight Your DUI Charge?

A driver stopped by the police engages several potential Charter issues. 

The motorist’s detention invokes s. 9 (arbitrary detention), s. 10(a) (right to be informed of the reason why) and s. 10(b) the right to counsel. Furthermore, the officer’s search for evidence is generally warrantless and raises s. 8 issues relating to unreasonable search and seizure.

The accused is also entitled to full disclosure (s. 7 fundamental justice) as well as the right to be tried within a reasonable time (s. 11B). Against this constitutional background these cases can be fought and won. Many cases also turn on common investigative lapses that a skilled counsel can exploit.

 Link To Our Winning Record

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.

Toronto & GTA Call  289.481.1007 - Outside GTA Call  1-877-497-3927

Post-Conviction Consequences for Alcohol and/or Drug Impaired Driving If you are convicted criminally of DUI impaired driving in Ontario:

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)

 

"driving under the influence"  "I was taking a prescription from my doctor, I never knew I couldn't drive"

Any drug that changes your mood, or the way you see and feel, will affect the way you drive. This is not only true for illegal drugs. There are prescription drugs and some over-the-counter drugs that can also impair your driving ability.

Tips to remember

Impaired driving Prescription Drugs

  • If you are planning on drinking, plan not to drive.
  • Ask your doctor about side effects if you use prescription medication or get allergy shots.
  • Read the information on the package of any over-the-counter medicine, including allergy and cold remedies.
  • Drugs and alcohol together can combine to impair your driving even more drastically; ask your doctor or pharmacist.

 Remember, fatigue and stress will also affect your ability to drive.

You will be subject to a roadside test if the officer has reason to believe you are under the influence, you will face the charge of Impaired  and driving under the influence should you be deemed impaired by the testing officer.

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