Impaired Driving Law

Charged with an impaired driving offence? Don’t let a DUI charge ruin your life. Impaired driving lawyer Kajol Panchal can help you prepare a strong case.

Impaired Driving

DUI offences often include charges of Over 80, Impaired Driving/Care or Control, and Refusal of Breath Sample.

An impaired care charge can be laid against you if you had a blood alcohol level (BAC) over 80 mg (Commonly referred to as a BAC of 0.08 legal limit) and were in the care or control of a vehicle. You can also face serious penalties if your BAC is in the “warn range” between 0.05 and 0.08. You do not need to be actively driving the vehicle. If you are in the driver’s seat of a vehicle, you are deemed to have care and control—even if the vehicle is not turned on. This law applies to all motor vehicles.

Definition of Impaired Driving :
320.14 (1) Everyone commits an offence who :

(a) operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;

(b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;

(c) subject to subsection (6), has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or

(d) subject to subsection (7), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.

Penalties :

If convicted of an impaired care and control, you are likely to be dealing with a license suspension, alcohol education or treatment program, ignition interlock device for a year, criminal record, fine, jail time etc.—this is all dependent on the case at hand and whether it is your first offence.

If you’ve been charged with driving a motor vehicle with a blood alcohol level (BAC) over 80 mg, ensure to exercise your right to remain silent as you may face serious charges.

PENALTIES YOU MAY FACE FOR OVER 80 MG DUI CHARGE:
1. If you’re convicted of operating a motor vehicle with a BAC over 80 mg for the first time, you will face:
  • License suspension for one year
  • Mandatory alcohol education or treatment program
  • $1,000 fine
  • Potential for jail time
  • Must drive a vehicle with an ignition interlock device for a minimum of one year

2. Penalties grow stricter if this is your second offence:

  • License suspension for three years
  • Mandatory alcohol education or treatment program
  • A fine amount determined by a judge
  • Minimum 30-day jail sentence
  • Must drive a vehicle with an ignition interlock device for a minimum of three years
3. Upon a third conviction (and any further convictions), you have the potential to lose your license permanently:
  • Potential lifetime license suspension (a criminal lawyer may be able to help you reduce this)
  • Mandatory alcohol education or treatment program
  • A fine amount determined by a judge
  • Minimum 120-day jail sentence
  • Must drive a vehicle with an ignition interlock device for life
Defences :

There are various different options to defences that are available for a impaired care and control charges—which can be used based on the case at hand. Defences include—the identity of who was in the driver seat, reasonable and probable grounds for breath demand, technical issues, and Charter rights—including right to counsel, unlawful stop, speedy trial, proper demand, language rights, improper procedures etc.

Get Help:

    How Can anImpairedDrivingLawyerHelp Me?

    An impaired driving lawyer specializes in defending individuals who have been charged with driving under the influence (DUI) or driving while intoxicated (DWI). Kajol Panchal can provide invaluable support and guidance during what can be a stressful and complex legal process, helping to protect your rights and achieve the best possible outcome in your case. She has an in-depth knowledge of DUI laws and regulations and can explain the charges against you, assess the strength of the prosecution's case, and provide guidance on your legal options.
    1
    If I get charged for a DUI in Ontario will I get jail time?
    Whether or not you receive jail time for a DUI charge in Ontario depends on several factors, including the specific circumstances of your case, any previous DUI convictions, and the discretion of the judge handling your case. In Ontario, impaired driving offenses are taken very seriously, and penalties can be severe, especially for repeat offenders or those whose actions resulted in injury or death.
    2
    How long does a DUI in Ontario stay on my record?
    In Ontario, a first-time DUI conviction without any license suspension will stay on your record for three years from the date of conviction. 6 years: if a license suspension accompanies your first-time DUI conviction, the conviction will stay on your record for six years from the date of conviction.
    3
    What should I do if I am charged with drinking and driving in Ontario?
    If you are charged with drinking and driving in Ontario, it's essential to take the situation seriously and act promptly to protect your rights and mitigate the potential consequences. Contact Kajol Panchal who can provide you with personalized advice, guide you through the legal process, and advocate on your behalf to achieve the best possible outcome. It's crucial to take proactive steps and seek professional legal assistance when facing a drinking and driving charge in Ontario. A skilled lawyer can provide you with the guidance and support you need to navigate the legal process and work towards a favorable outcome.
    4
    Is a DUI considered a criminal offence in Ontario?
    Yes, a DUI (Driving Under the Influence) charge in Ontario is considered a criminal offense. In Canada, impaired driving offenses, including driving under the influence of alcohol or drugs, are criminal offenses under the Criminal Code of Canada. Specifically, impaired driving offenses fall under section 253 of the Criminal Code.
    5
    What are the chances of winning a DUI case?
    The chances of winning a DUI case in Ontario depend on various factors, including the specific circumstances of your case, the evidence against you, and the expertise of your legal representation. It's important to understand that every DUI case is unique, and there is no guarantee of success. However, with skilled legal representation by Kajol Panchal and a thorough understanding of your legal rights and options, you can improve your chances of achieving a favorable outcome in your DUI case in Ontario. Consulting with a qualified DUI lawyer is the best way to assess your situation and develop a strategy for defending against the charges you face.