Impaired Driving

Disclaimer: Please note that the defences outlined on this page relate primarily to Driving Over the Legal Limit charges arising from breath tests. Blood sample cases, and other possible driving alcohol/drug related charges, including, Drug DUI, Refusal, and Fail to Comply with Demand, are beyond the scope of this article. For those charges, please visit the web pages specifically dedicated to those charges, or ...

If you are pulled over while driving impaired, the most important thing you can do is co-operate with the police and comply with their demands, especially when they are testing your sobriety. If you are resistant and fail to follow their instructions, you may be charged with obstruction or “refusal,” which may make your case harder to defend. If you are charged with a ...

Yes, you can get charged with impaired driving if you are found driving while high on drugs, including marijuana. The elements that the Crown must prove beyond a reasonable doubt in order for you to be convicted of this offence are almost the same as those in the case of impairment by alcohol/over 80. However, the manner in which the evidence of this offence is ...

DUI offences such as Impaired Driving, Over 80, Care or Control and Refusals all carry mandatory minimum sentences set by Parliament. The minimum sentences are set out in sections 255 and 259 of the Criminal Code of Canada.  Although there are a few nuances, generally speaking, the sentence structure is as follows: For a first time offence, the mandatory minimum sentence is a $1,000 fine ...

If you were charged with a refusal/fail to provide a breath sample, you face the same potential sentence that you would otherwise face if you had provided a sample and blown Over 80, or been charged with Impaired Driving. There are many ways in which a refusal or failure to provide a breath sample can occur. Likewise, there are numerous possible defences. The best ...

If you provided sample of your breath and the machine said you blew over the legal limit, you have likely been charged with driving with a blood alcohol over the legal limit (s. 253(1)(b) of the Criminal Code). This is known as an “Over 80” or “Over .08” charge. Impaired Driving and Driving Over 80 are charges frequently seen in tandem. In fact, any time ...

If you have been charged with a DUI offence, including Impaired Driving, Over 80, Refusal, or Care or Control, hiring an effective DUI lawyer is essential to advancing the best possible defence. This is probably the most important decision you will make in defending the case, and it can feel quite daunting. And with so many DUI lawyers to choose from, how can ...