DUI Lawyers Frequently Asked Questions | Ontario: 1.877.497.3927 Call Now, Know Your Rights!

Charged with DUI, Over 80mg of Alcohol in Courtice?

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.

Should I fight my impaired over 80mg charge?

 Are you facing Impaired Over 80mg , drunk driving, Drugs & Marijuana Charges in Ontario? Is it worth fighting a DUI ?? Although the prospects may seem bleak when you are first charged with a drinking and driving offence such as Fail to Provide a Breath Sample, 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. Your best choice? Contact an Impaired Driving Lawyer. Criminal DUI Lawyer Chris Avery vigorously defends these charges across ONTARIO..(Link To Our Winning Record)

What Happens When 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 impound.

 Call to schedule a Free Case Evaluation

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

 

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)

 

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Defending Drinking & Driving Charges | Winning DUI Charges In Ontario

Oshawa - Durham Region DUI Charges - Frequently Asked Questions

  • Fail To Provide Sample

    An officer requires sufficient grounds to make a lawful demand for a breath sample to be provided either at the roadside or the station. Furthermore at the roadside your legal jeopardy has to be clearly explained to you and, in circumstances where there are multiple attempts to provide a sample, you must be informed about your “last chance” before being charged. In circumstances where a motorist is deemed to have “refused” to provide a sample due to various failed attempts the Crown also has to show that the machine was in proper working order.
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  • Charged With Impaired

    The real issue in these cases is not whether you are “impaired” in any way but rather whether the Crown can prove beyond a reasonable doubt that your ability to operate a motor vehicle is impaired. Sometimes there may be an innocence explanation for irregular driving such as fatigue, illness or distraction. Other times evidence of bad driving might be offset by a review of the police station video which betrays no obvious indicia of impairment.
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  • Charged With Over 80

    There are multiple and sometimes very technical defences to this charge. Apart from operator error or machine malfunction, which can revealed through a careful analysis of breath device records, these cases are often successfully defended based on investigative lapses or constitutional violations. It is a criminal offence to operate a motor vehicle while your blood alcohol level is over the legal limit of: 80 milligrams of alcohol in 100 millilitres of blood.
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  • Oshawa RIDE Spotchecks

    Although the law sanctions the arbitrary detention of motorists to conduct sobriety checks you are not obliged to incriminate yourself when questioned about drinking. This is because you are detained and haven’t been provided with your right to counsel. Although any statements you make in such circumstances can’t be used against you at trial that’s cold comfort at the roadside because an admission of consumption is admissible for the purposes of an officer’s grounds to make a demand for a roadside breath demand. That demand as well as the test must both be done promptly however to withstand constitutional scrutiny.
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  • DUI of Narcotics

    The “free ride” for those driving while under the influence of drugs is now also over. Currently the police have the power to demand a suspect accompany them to the station for a drug evaluation test where they suspect impairment by drugs. Legislation is now also in the works to implement roadside technology to test for drug impairment that would be a similar tool to a breathalyzer, which measures blood alcohol levels. The obvious defence in these cases is whether the officer conducted such tests properly and whether he is properly qualified to render an expert opinion on sobriety
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  • Care & Control - Impaired

    You don’t actually have to be driving a motor vehicle to be charged with “DUI”. You can be arrested simply if you are behind the wheel of a parked car but the Crown will have to show that the vehicle was operable and that there was a real risk of danger that you would set the vehicle in motion.
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  • Search and Seizure

    Section 8 of the Canadian Charter of Rights and Freedoms provides everyone in Canada with protection against unreasonable search and seizure. This right provides Canadians with their primary source of constitutionally enforced privacy rights against unreasonable intrusion from the state. Typically, this protects personal information that can be obtained through searching someone in pat-down, entering someone's property or surveillance.
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  • Canadian Criminal Record

    If you are convicted of drinking and driving, your fingerprints and photographs will be retained by the RCMP in Ottawa. A conviction also means you will have a criminal record which will show up when police run a check and that can hurt your employment opportunities as well as your travel plans.
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  • Freedom To Travel to USA

    When it comes to immigration, criminal records can make a huge difference on your ability to remain in the country or your ability to travel to another country in the first place. Sometimes travellers are stopped at the border due to an old conviction. They are stunned to discover that they need to apply for permission to cross due.....
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