Tuesday, April 23, 2019

How to Face a DUI or an Impaired Driving Charge in Ontario


If you’ve been arrested or charged for a DUI or Impaired Driving Charge in Ontario, there are some things that you should know prior to calling your DUI lawyer. Your Impaired Driving lawyer will do what he or she can to defend you, but you also have to provide the right information for your defence.

Understanding Impaired Driving


In Ontario, Impaired Driving is defined as the act of operating a motor vehicle while an individual is intoxicated with either drugs or alcohol.
The term “motor vehicle” includes the following:

  • Cars
  • Motor boats
  • Off-road vehicles
  • Seadoos
  • Snowmobiles
  • Trucks


What is Over 80?


A charge of Over 80 means that an individual was found by law officers to be operating a motor vehicle while having a blood alcohol level of 80 mg per 100 ml of blood. In Ontario, this blood alcohol level is considered impaired by local standards and is also against the law.

Note that a driver may feel perfectly fine and not drunk at all yet still register a blood alcohol level that is over the legal limit.

When Can the Police Ask You to Breathe into a Breathalyzer?


When you’ve been pulled over by the police,  the police is within their authority to ask you to breathe into a breathalyzer when there is due reason to suspect that you’re drunk, such as when you smell like alcohol or if there are liquor bottles inside your vehicle. Other valid reasons include telling the officer you’ve had a few drinks or if the police witnessed you driving erratically.

Know that pretending to breathe into a breathalyzer or refusing to breathe into a breathalyzer is punishable by the law.

What Are the Consequences for Impaired Driving in Ontario?


The consequences of impaired driving vary based on several factors. Factors include your blood alcohol level and whether or not you have a previous record for drinking and driving. Your DUI lawyer will explain this to you because consequences may or may not include jail time, losing privileges to drive, fines, and more.

A DUI charge is a serious offence. You need a seasoned DUI lawyer to make sure that your case is properly defended. If you’re in jail and can’t meet with a DUI lawyer, you may ask the police to contact one for you. Know that you can mention a DUI lawyer like Calvin Barry and the police are bound by duty to contact your drinking and driving lawyer for you.