Impaired Driving  Over 80mg, DUI Lawyers in Minden

Ontario Criminal DUI Lawyer For Drunk Driving Offences

Are you facing Impaired Over 80mg , drunk driving, Drugs & Marijuana Charges in Minden, Haliburton? 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.

GTA Call  289.481.1007 - Haliburton Call  1-877-497-3927

For Russian, Farsi, Dari, Uzbek & Hindi Language Lawyer please call 1-877-266-6415

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.

Mandatory alcohol screening at RIDE Spotchecks 

The new laws will give police officers the authority to demand breathalyzer tests from any driver they pull over. Previously, officers could only test drivers if they had a reasonable suspicion the person was impaired. Any driver who refuses to take the test can be charged.

These stronger laws are similar to ones in several other countries around the world, such as Australia, Denmark, France and Germany. In Ireland, mandatory screening reduced the number of road deaths by about 40 per cent in the first four years it was enforced.

No more ‘bolus drinking defence’

Before Dec. 18, drivers could use the bolus drinking defence, arguing that they consumed alcohol just before driving and it was not absorbed yet.

The new law eliminates this defence, by making it illegal to be at or over the alcohol limit within two hours of being behind the wheel.

READ MORE: Heavy share of Canadian pot users admits to driving within 2 hours of toking up, study says

Updated penalties

The new law also bumps up the maximum penalties for many alcohol-impaired driving offences.

Formerly, the mandatory minimum fines were: $1,000 for first offence, 30 days imprisonment for second offence, and 120 days in jail for a third offence.

These are the penalties now:

    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
    Second offence: mandatory minimum 30 days imprisonment
    Third or more offence: 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 imprisonment
    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 imprisonmentore: mand

Charged DUI,  Over 80, Impaired Driving in Sault Ste. Marie?

Ontario Criminal Lawyer, Chris Avery

  Blowing over 80 is the most common drinking and driving Charge that is defended in the Sault Ste. Marie 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 a Soo 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 30 min Consultation 1-877-497-3927

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"Ontario Criminal Lawyers Who Defend Drinking & Driving Charges"

Bruce Mines  Thessalon  Blind River  Massey  Manitoulin Island  Espanola

Impaired Driving Over 80mg, DUI Lawyers in Orillia

Ontario Criminal Lawyer, Chris Avery

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.

arrested, Impaired Driving 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 in Orillia. Does this mean you are guilty?! Until the evidence is seen by a DUI Experienced 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 30 min Consultation.

Chris Avery, Ontario DUI Lawyer

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 or 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 Chris Avery:

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 Ontario Criminal Lawyer Defending Drinking & Driving Charges

Call: 705-640-0125 or 1-877-497-3927

For Russian, Farsi, Dari, Uzbek & Hindi Language Lawyer please call 1-877-266-6415