Experienced DUI & Impaired Driving Lawyers Toronto

Being over the legal limit and being impaired are two distinct offences that can and often are charged separately. If charged with both, to avoid a conviction, both charges have to be successfully defended. It is not enough to have the results of the breath test excluded, one must also show that whatever the amount of alcohol in their system, they were not impaired by alcohol.

It is a Criminal offence in Canada to have more than 80 millitres of alcohol per 100 milliliters of blood.  This charge, often referred to as “Over 80”, means that the alcohol level in your blood exceeded the legal limit. That limit applies to everyone regardless of their alcohol tolerance or driving ability.  As such, it is possible to be charged with one count of Over 80 by itself.

However, people charged with Over 80 are often also charged with the second charge of Impaired Driving (Driving while your ability to operate a motor vehicle was impaired by alcohol – the full name).

The charge of Impaired Driving means that regardless of how much alcohol you consumed, and even if your blood alcohol level is under the Criminal Code or Highway Traffic Act limit, your ability to drive was nevertheless impaired by the consumption of alcohol.  In other words, it is entirely possible to be under the legal limit and still be charged with Impaired Driving.

It is a criminal offence to have the care or control of a car while in a state of impairment or while having an unlawful amount of alcohol in your system. That means that even if you are not driving at the time of arrest, you can still be charged and suffer the same consequences.

If you are seated in the driver’s seat of a motor vehicle while impaired or with blood alcohol over the legal limit, you are presumed to be committing the offence of care and control of the car. The only way to defeat that charge (other than raising a doubt as to your level of impairment or the level of alcohol in your system) is to convince the Court at trial that you were not intending to drive when you got into the car and that you were not likely to change your mind about driving.

The Charge of impaired care or control is a serious charge that carries the same penalty as the charge of the impaired operation. Legal assistance should be sought.

Once you are arrested for Impaired Driving, the vehicle you were operating will be towed and kept at the police impound for a period of 7 days.

Note: it is irrelevant that the car was registered to someone else, the car operated by the person charged with impaired driving will be impounded.

After 7 days, the car can be picked up from a police impound.  You will be responsible for the fees associated with the storage of the car over the 7 days.  (Click here for contact information of police impounds)

If you are charged with Over 80 your driver’s license will be suspended for 90 days pursuant to an ADLS suspension. At the expiry of the 90 days, you can attend at the Ministry of Transportation and have your license reinstated. (Click here for a list of MTO locations)

If a police officer reasonably suspects that you have alcohol in your system, he/she will administer a roadside test to determine the amount of alcohol that you have. Depending on the amount of alcohol in your system, the officer will either arrest you on a criminal charge of impaired driving or issue and HTA summons. penalties.

Contact a lawyer as soon as possible. A lawyer will be able to provide you, legal counsel, tell you your rights, and advise you on the best course of action. Impaired driving cases are some of the most complicated criminal offences in Ontario. There are also time limits on different approaches for these types of offences, so delaying the decision to hire a lawyer could have consequences. Call 1-888-508-9178 to