Every successful defence begins with a clear plan. With over two decades of experience, we’ve developed a proven four-step case assessment process that guides you from uncertainty to resolution with confidence and clarity.
Impaired Driving Defence Centre
DUI Defence Services -
Charged with Impaired by Alcohol
Schedule a FREE assessmentReputation you can trust with over 20 years of experience.
Call now 1-877-497-3927
Schedule a FREE assessment
A charge of impaired operation of a conveyance (what used to be called impaired driving) does not require a breath reading. It means police allege that your ability to operate a motor vehicle was affected by alcohol, based on your physical condition, speech, balance, responses, or driving. These cases often hinge on the officer’s interpretation of your behaviour—how you spoke, how you walked, how you responded to instructions—and how that matched their training and experience. What may feel like uncertainty or nerves to you may be written down as signs of impairment.
Impaired operation charges are often laid alongside a second charge: operation while having excess blood alcohol concentration, more commonly called “Over 80.” While the Over 80 charge is based entirely on the alcohol concentration in your bloodstream, impaired operation is focused on whether the Crown can prove actual signs of impairment of your ability to drive beyond a reasonable doubt. These are two different legal tests, often arising from the same traffic stop. One is technical. The other is judgment-based. Both must be challenged with precision.
Since 2018, the law defines “operation” to include not only actual driving but also what used to be known as care and control. That means people have been charged while parked in driveways, sleeping in the driver’s seat, or even sitting in a car with the engine off. These cases often feel unfair, and they can be—especially when there’s no accident, no bad driving, and no clear evidence of impairment. The legal thresholds matter. The facts matter. And how the police applied the law in your specific situation matters.
The consequences of a conviction are serious. Even on a first offence, you will face a mandatory minimum $1,000 fine, a 12-month driving prohibition, and a criminal record. You will be required to complete Ontario’s Back on Track alcohol education program, install an ignition interlock device, and may face employment or travel restrictions, particularly to the United States. These penalties apply even if no one was hurt, even if it’s your first time, and even if you were cooperative with police.
Our legal team reviews every part of the Crown’s case from the roadside stop to the arrest, the officer’s notes, police bodycam footage, and the full disclosure package. We challenge the legality of the stop, the timing of the demand, and the procedures used. We protect your Charter rights and test the strength of the Crown’s evidence. Where needed, we bring in experts, file Charter applications, and argue for the exclusion of flawed evidence. Our job is to find every opening and use it to protect your future.
These cases are defensible and winnable. With the right strategy, a charge of impaired operation can often be reduced or dismissed. If you’ve been charged, don’t plead guilty without a full assessment. Book your complimentary consultation now and let us help you move forward.
With serious penalties on the line, you owe it to yourself to get proper legal advice and build a strong defence.
Call now 1-877-497-3927
Schedule a FREE assessment
OUR LEGAL ASSESSMENT PROCESS
1
COMPLIMENTARY ASSESSMENT
This is a full hour-long consultation, not a sales pitch. We take the time to understand you, not just the charge. We’ll talk through what happened, how you're doing, what the court process will look like, the potential outcomes, defence costs, and your most pressing questions. You’ll leave the call with a clear roadmap and the confidence of knowing what happens next.
2
Intake and Set-Dates
Once you’ve hired us, we take over the administrative burden. We’ll obtain all police disclosure and appear at every set-date court appearance on your behalf, so you don’t have to miss work or worry about procedure. Behind the scenes, we’re already reviewing your file and preparing for the real fight ahead.
3
Analysis and Pre-Trials
Our entire team meets to analyze the disclosure, identify viable defences, and research the legal and factual issues in your case. We consult with you before engaging the Crown, either to set a trial date or negotiate a resolution that protects your future. You’re kept in the loop, but we carry the legal weight for you.
4
Hearing Date
This is where it all comes together—either in trial or in resolution. Mr. Avery will be in court beside you, fully prepared to protect your rights and secure the best possible outcome. Whether we’re arguing for an acquittal or negotiating final terms, your case is in the hands of an experienced advocate who knows how to win.
OUR GOOGLE 5 STAR REVIEWS
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Chris Avery and his team at Avery Law are outstanding. From the start, Chris was straightforward, knowledgeable, and easy to talk to. He... Read more
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Mike
20/06/2025
We had an amazing experience working with Chris. From start to finish, they were professional, knowledgeable, and truly dedicated to our case. They... Read more
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MS
10/04/2025
Chris Avery and the legal team was highly responsive and non-judgmental, taking the time to explain the process clearly and in easy to... Read more
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DR
01/03/2025
I had the privilege of working with Christopher and Erica, and I can confidently say they are a class above the rest. I... Read more
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Ccy
02/03/2025
Chris Avery and his legal team recently represented me in defending a legal matter against me. I am extremely happy with the result... Read more
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BD
10/10/2023
Mr. Avery whent above and beyond for me and was able to have my charges withdrawn. I highly recommend him to anyone looking... Read more
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BH
04/02/2023
