Pleading Guilty to DUI in Ontario.
Post-Conviction Consequences for Alcohol and/or Drug Impaired Driving If you are convicted criminally of DUI impaired driving in Ontario: *
First time:
- First offence, with blood alcohol content of 80-119 mg: mandatory minimum $1,000 fine
- First offence, with blood alcohol content of 120-159 mg: mandatory minimum $1,500 fine
- First offence, with blood alcohol content of 160 mg or more: mandatory minimum $2,500 fine
- First offence, but refuse to be tested: mandatory minimum $2,000 fine
- Mandatory education or treatment program
- 1 year minimum requirement to drive a car equipped with an ignition interlock device
- No minimum jail sentence
- Licence suspended for minimum 1 year*
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.
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
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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 impoundment.
Call to schedule a Free Case Evaluation
Toronto & GTA Call 289.481.1007- Outside GTA Call 1-877-497-3927
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"Ontario Criminal Lawyers Who Defend Drinking & Driving Charges"
Post-Conviction Consequences for Alcohol and/or Drug Impaired Driving If you are convicted criminally of DUI impaired driving in Ontario:
First time:
- First offence, with blood alcohol content of 80-119 mg: mandatory minimum $1,000 fine
- First offence, with blood alcohol content of 120-159 mg: mandatory minimum $1,500 fine
- First offence, with blood alcohol content of 160 mg or more: mandatory minimum $2,500 fine
- First offence, but refuse to be tested: mandatory minimum $2,000 fine
- Mandatory education or treatment program
- 1 year minimum requirement to drive a car equipped with an ignition interlock device
- No minimum jail sentence
- Licence suspended for minimum 1 year*
DUI Lawyers, Bowmanville - Over 80mg Impaired Driving
Oshawa Criminal Lawyer, Chris Avery
In Bowmanville, If you are pulled over and requested to provide a breath sample - 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.
Charged with Impaired Driving Over 80mg
Generally when a person is charged with a drinking or driving offence this is the first time that they have ever dealt with the police or the courts and the whole process is quite frightening and confusing. Understandably they have a number of questions.
Fight The Charges!
Although the prospects may seem bleak when you are first charged with a DUI drinking and driving offence 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.
A driver stopped by the Durham regional 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.
Given the heavy penalties involved you owe it to yourself to seek the best possible representation from experienced lawyers with a proven record of success defending these types of cases. With Mr Avery has assembled a team of the best available impaired driving resources located throughout the province so he can provide you with the best possible defence.
Impaired by Narcotics or Marijuana
Durham Police 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
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 in Oshawa? Our initial consultation is always free and IDDC colleagues can speak or meet you promptly close to wherever you live.
Contact Mr Avery :
Bowmanville Call 289.481.1007 - Outside Oshawa Call 1-877-497-3927
"Oshawa Criminal Lawyer Who Defends Drinking & Driving Charges"
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IDDC - Defending Drinking & Driving Charges Across Ontario
DUI Lawyers Frequently Asked Questions | Ontario: 1-877-497-3927 / 24hours
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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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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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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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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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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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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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Recent Successes At the Impaired Driving Defence Centre, Christopher A. Avery takes your privacy very seriously. He also understands the curiosity of potential clients regarding our track record. For these reasons we have changed identifying details of the below cases in order to protect our clients’ privacy. We do not post the reported decisions of our clients’ cases as they are findable on a google search by name if I reproduce them here. -
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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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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.....