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"

 View Our Winning Record

Impaired Driving  Over 80mg, DUI Lawyers in Elliot Lake

Ontario Criminal DUI Lawyer For Drunk Driving Offences

Are you facing Impaired Over 80mg , drunk driving, Drugs & Marijuana Charges in Ontario? Although the prospects may seem bleak when you are first charged with a drinking and driving offence such as Faill 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 will vigorously defend these charges across ONTARIO..

Arrested, Impaired driving Over 80mg - Failure to Provide a Breath Sample

Generally when a person is charged with a Drug , Marijuana, drinking &  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. Contact Chris Avery for a Free Consultation

 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.

1-877-497-3927 - Call to schedule a Free Case Evaluation 705.479.2305

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*

 
Second time:    

•     Mandatory education or treatment program
•     3 year minimum requirement to drive a car equipped with an ignition interlock device
•     mandatory minimum 30 days imprisonment
•     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)
•     mandatory minimum 120 days imprisonment
•     Maximum penalties for impaired driving causing no bodily harm or death: summary conviction carries two years less a day imprisonment, indictment carries 10 years iimprisonment
•    Maximum penalties for impaired driving causing bodily harm: Summary conviction for less severe injuries carries two years less a day imprisonment, indictment carries 14 years imprisonment
•    Maximum penalty impaired driving causing death: life imprisonment
•    Lifetime licence suspension (can be reduced to 10 years if certain conditions are met)

"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

• 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.

Dui Lawyer, Thessalon - Over 80mg Impaired Driving charges

Ontario Criminal Lawyer, Chris Avery

  Blowing over 80 is the most common drinking and driving Charge that is defended in the 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 Charged with Impaired Over 80?

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 an OPP RIDE Spotcheck or a traffic stop. Does this mean you are guilty?! Until the evidence is seen by a Criminal Lawyer 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 case evaluation.

Christopher Avery : 705.707.1045

 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.

 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 Case Evaluation 

View Our Winning Record

 705.707.1045 - Outside Soo Area area Call 1.877.497.3927

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