Impaired Driving/Over 80
HAVE YOU BEEN CHARGED WITH IMPAIRED DRIVING (DWI
/ DUI)?
DRIVING OVER 80 Mg/ DRIVING 80 Mg OR OVER?
DRUGGED DRIVING?
IMPAIRED DRIVING CAUSING BODILY HARM?
IMPAIRED DRIVING CAUSING DEATH?
If you or your loved one has been charged with any form of IMPAIRED DRIVING OFFENCE, we understand the stress you are going through. Search for ‘DUI lawyer near me’ and get connected to an impaired driving lawyer – no matter what type of SERIOUS DRIVING CHARGE you are facing or how overwhelming the evidence may seem against
you. We take on the difficult cases and through our hard work and attention to detail we’ll win you over.
STRONG DEFENCE – IMPAIRED /OVER 80 Mg / DRUGGED DRIVING
We will work hard to have your Driving Charges either Dismissed or Withdrawn. We are creative and can find ways to keep you out of jail such as by arranging a Suspended Sentence, a Conditional Sentence, Fines, or an Absolute or Conditional Discharge.
If you have been charged with Impaired Driving or Drugged Driving or Impaired Driving Causing Bodily Harm or Death, exercise your right to remain silent so use it and contact an impaired driving lawyer
without delay. The Police have a duty to inform you that you have a right to speak to a lawyer without delay and to provide you with that opportunity.
Use that right to speak to a lawyer at our office right away. Timely advice can make a big difference in the outcome of your case.
WHAT IS IMPAIRED DRIVING
Impaired Driving is a complicated and technical area of the law and is related to a person’s ability to operate a vehicle or vessel.
If you operate a motor vehicle during when your faculties have been impaired even slightly by drugs or alcohol or both you can be charged with impaired driving. There is no breathalizer requirement for this charge. Under the Criminal Code a “motor vehicle” includes: cars, trucks, motorcycles, off-road vehicles, snowmobiles and even E-bikes.
Impairment does not have to be extreme and even slight impairment of a person’s ability to drive can support a conviction. Even then, the Crown must prove this beyond a reasonable doubt and that is not always easy. For example, a police officer may smell alcohol on someone’s breath, see open beer cans in the car, and find them in an accident. However, being in an accident, and suffering a concussion, or airbag impact, or being sleep deprived, or having a medical episode, may also present as impaired. Also, Impairment must be proven within 2 hours of driving.
That is why it is very important that we examine the facts carefully to fully explain the circumstances and raise a concern that you were not impaired, but actually suffering from another condition at the time you were charged. Police do make mistakes and in many cases there is a valid explanation for a driver’s apparent impairment that has nothing to do with drugs or alcohol. This can help to secure an acquittal, charges withdrawn, or charges reduced to Highway Traffic infractions with no criminal record.
IMPAIRED DRIVING OVER 80 mg
To avoid confusion over what would constitute impairment the Criminal Code prescribes that if you are found to be driving when your Blood Alcohol Concentration (BAC) is 80 mg of alcohol in 100 ml of blood as measured by a breathalyzer machine you can be charged. In the past the charge was Over 80 mg, but the law has recently changed in 2018.
It is an objective standard set in the Criminal Code that is measurable and once met is sufficient for a conviction, with the same consequences of an Impaired Driving Conviction. However, even if you have blown 80 mg or more you may not actually be impaired, but you will be convicted. This is a complex area with technical defenses available.
In the past, most courts would round down any readings in the 80’s to 80 mg and since the accused was not “over 80” the case would be reduced or withdrawn. However new section 320.14 (b) of the Criminal Code now establishes that “a blood alcohol concentration that is “equal to or exceeds 80 mg of alcohol in 100 ml of blood” is a criminal offence.
DRUGGED DRIVING IS VERY SERIOUS
Drugged Driving is having any detectable level of LSD, Psilocybin, Psilocin, Ketamine, PCP, Cocaine, Methamphetamine, 6-Mam, g OR 5 mg or more of GHB / 100 ml of Blood within 2 hours of driving.
It also includes having a combination of prescribed levels of THC with Alcohol.
In 2018 three new offences were created for having specified levels of a drug in the blood within two hours of driving. You can be charged even if you have medically prescribed drugs such as medical cannabis. While driving:
- between two and five ng of THC in your blood, is a criminal offence, punishable by a maximum fine of up to $1,000;
- 5 ng or more of THC is in your blood, is a hybrid offence which can be prosecuted by summary conviction or more serious route of indictment with more serious penalties;
- Where 50 mg of alcohol per 100 ml of blood, combined with a THC level greater than 2.5 ng per ml of blood exists this would also be a hybrid offence and more serious due to the levels;
Pursuant to s. 320.19 of the Criminal Code, both hybrid offences would be punishable by mandatory penalties of $1,000 for a first offence and escalating penalties for subsequent offences. In Second offences the minimum penalty is 30 days For third or subsequent offences, the minimum sentence of 120 days can be expected. The maximum penalty for second or third offences are two years less a day if by summary conviction or 10 years if by indictment.
Dangerous offender applications can be made by the Crown in certain circumstances, especially if the levels are high and convictions are many and accidents or injuries occur.
PENALTIES
As you will note from the chart below, penalties for pure alcohol impaired driving, driving 80 mg, drug-impaired driving, or combination of drug and alcohol impaired driving, result in penalties that vary depending on the type of charge, the number of prior convictions, and the amounts of drugs found in the system. With each conviction mandatory minimum imprisonment applies, 30 days on the 2nd conviction and 120 days on the 3rd conviction but for the hybrid offences penalties can be as high as 10 years. The Court would consider all the factors including those set out in Section 320.22 of the Criminal Code which set out aggravating factors.
If you were involved in a collision you will not be covered for your vehicle loss, towing, storage and repairs. Your insurer may also make a claim against you for damages it pays out.
OTHER CONSEQUENCES OF CONVICTIONS
If you are convicted of Impaired Driving / Drug Impaired Driving, Drive Over 80 Mg, Impaired Driving Causing Bodily Harm or Death, you will have a Criminal Record, Licence Suspension, Possible driving restrictions, Fine and Victim Surcharge, Pay for an Interlock Device to be installed in your vehicle, take a Back on Track program, and Extremely high Auto Insurance Rates for many years.
IMPAIRED DRIVING CAUSING BODILY HARM &
IMPAIRED DRIVING CAUSING DEATH
These are far more serious charges than simple Impaired driving. A conviction for Impaired Driving Causing Bodily Harm carries a penalty of 2 years less a day if by summary conviction and up to a maximum of 14 years if by indictment.
Impaired Driving causing Death carries a maximum of life in prison. Jail is the norm upon conviction and a substantial driving prohibition goes along with them, much longer than for a regular impaired. Jail is the norm upon conviction and a substantial driving prohibition much longer than for a regular impaired.
REFUSAL / FAILURE TO COMPLY WITH BREATH SAMPLE
FAILURE TO PROVIDE BREATH SAMPLE
The Police no longer need any grounds for suspicion of impairment to demand for a breath sample. You cannot be forced to comply, but bear in mind that if you don’t comply, the Police may charge you with Impaired notwithstanding that you did not provide a breath sample, based on your driving and other indications of intoxication and impairment. You will als be charged with Refusal.
The Penalty for Refusal is identical to having provided the sample and blown 80 mg or higher except that your fine is a specified mandatory minimum of $2,000. You may actually pay a higher fine than some persons convicted of blowing 80 mg or over !
- $2,000 fine;
- Minimum one-year driving prohibition/suspension for first-time offender. Possibility of up to 3 years prohibition maximum.
- Mandatory alcohol education program ( the Back on Track)
- Automatic Mandatory Installation of ignition interlock device in your vehicle at your expense
- Criminal Record
- Licence reinstatement fees
- Increased Insurance fees for several years
- Potential decline of auto insurance
- Potential refusal to cover your property damage from any auto accident at the time of the incident
OUR APPROACH
After we review the evidence we will discuss with you the options to proceed. If we believe there are clear circumstances that would warrant you having a trial we would suggest that to you. We won’t make any decisions with you on this until we have full disclosure from the Crown on all relevant evidence that they should disclose about the case against you and if we go in this direction we will fight hard on your behalf.
If it is your first offence we can review arranging for a reduced licence suspension by having an ignition interlock on your vehicle.
Once we go down this route, we will compel the Crown to prove each and every allegation against you and challenge ALL the evidence by rigorous cross examination to show that the Crown does not meet the burden of showing you are guilty beyond a reasonable doubt. We have experts and toxicologists on standby to advise us, provide us with useful reports for negotiation, and to testify on your behalf in a trial.
WE ARE SYSTEMATIC: ALL AVAILABLE DEFENCES UTILIZED
We will ensure that each and every obligation on the Police, the Crown, and the Courts are followed as required by law and if not this will be relied upon in our case. Some examples include:
- Did the Police advise you of your right to counsel without delay?
- Did the Police afford you an opportunity to exercise that right promptly without delay?
- Did the Police take the breath sample as soon as reasonably possible? Did they make any errors in administering tests?
- Did the Police ensure you were the driver? You didn’t drink after leaving the vehicle?
- Did the Police abuse/assault you / refuse medical treatment in the course of arrest?
- Was the machine used to determine your levels properly working?
- Expert evidence we can call on your behalf for technical defences
- Discrepancies between police notes and the bodycam and station cameras and that of other witnesses
- Evidence that shows your driving was not erratic or any accident due to mechanical failure
- Police or Crown Misconduct
- No Unreasonable Delay in your trial
- Etc.
RIGHT TO TRIAL WITHIN A REASONABLE TIME
Cases are regularly dismissed simply for failure for the Court, for whatever reason, to have these trials completed so long as the delays are not completely the fault of the Accused or his/her counsel.
In simple terms, the Supreme Court of Canada has interpreted section 11(b) of our Charter of Rights and Freedoms that guarantees everyone a right to be tried within a reasonable time by setting clear standards for trials to be completed in both the Ontario Court of Justice – Provincial Court (18 Months) and the Superior Court of Justice (30 Months). The time starts when the charge is laid and runs to the date of the expected completion of the trial. Anything beyond this amount of time (minus defence delay) is presumed to exceed the ceiling and gives the Defence the Right to bring a Charter Application to have the Case Stayed (effectively dismissed) on account of delay. Only in very exceptional circumstances can the Crown argue it is unreasonable to ask for a Dismissal. Some of the largest Criminal cases in Canadian history have been dismissed on this basis and many, many cases are dismissed for delay.
We will utilize this right in our arsenal of tools to properly defend our clients no matter what the charge and if the case is delayed you can expect we will argue it to be dismissed.
THE RISK OF TRIALS
As the outcomes of trials are often very uncertain, we also will encourage you to consider that we negotiate with the Crown to resolve your case to have the charges either withdrawn or reduced to a plea to Careless Driving. This is a Highway Traffic Act Charge and not a Criminal Charge. Other times we can arrange resolutions that allow you to keep avoid any driving suspension, retain your driving licence and avoid a criminal record. In either case, the Court must approve any negotiated deal with the Crown. You will lose some demerit points, your insurance will go up, and you’ll have a relatively small fine, but you will avoid a criminal record and be able to keep your driving licence which you will need to function as usual and maintain employment.
CONSEQUENCES OF CONVICTION
A conviction not only creates a criminal record but will affect your life in many ways: creating difficulty for employment and education plans, your family, and future travel abroad, especially the United States. It can seriously affect your Canadian Immigration status and risk of a civil lawsuit for monetary damages. You may have difficulty getting or affording Insurance Coverage and your credit rating and reputation will be damaged. That is why you need us in your corner. We’ll have all the angles covered for you.
BREATH SAMPLES. WHAT IS THE “WARN RANGE”?
If you are pulled over by police and asked to provide a breath sample you will provide it into an Intoxilizer device. If you blow over 80 on the roadside the Police will take you to the station for a more accurate test. If you blow over 80 or over at the Station you will be charged Criminally.
If you blow between 50 mg and below 80 mg/100 ml of blood at the station or below 80 on the Roadside, you are considered to be in the “WARN RANGE”. Either way, being in the Warn Range is a Serious Matter. If you are administered a roadside breath test and the results of the analysis are between 50 and 80 mg. of alcohol in 100 mL. of blood, you are in the “Warn Range.” You will not be charged criminally with Impaired but you will have consequences. Your licence will be suspended automatically you’ll face consequences under the Highway Traffic Act.
PENALTIES FOR “WARN RANGE” OFFENCES
First Offence : 3 day licence suspension for first-time offenders accompanied by a $250 penalty and possible vehicle impound with towing and storage;
Second Offence : 7 day licence suspension if the second offence is within five years of the first, possible vehicle impound with towing and storage fees,, a $350 penalty, and mandatory enrollment in the “Back on Track” alcohol education program.
Third Offence : 30 day licence suspension if within five years of the second offence, plus $450 fine, potential vehicle impound, with towing and storage fees, mandatory Back on Track program, mandatory 6 month installation of a car ignition interlock which has a built in breathalizer preventing the vehicle from starting if alcohol is detected.
Subsequent Offences : 30 day suspension, interlock device for 6 months, Back on Track program, further fines, potential vehicle impound towing and storage fees and must attend mandatory medical evaluation
Note: Each time there is a $287 licence reinstatement fee
If you are required to attend an examination or have received any Warn Rage offence charges contact us so we can advise you of your rights. A negative medical examination can result in the loss of your licence.
In each of these Warn Range scenarios penalties are automatic and cannot be appealed however we are still able to help you. They are recorded on your driver’s licence and driving record and your insurance rates will likely increase.
Young Drivers, G1,G2 M1 and M2 licence holders
There is zero tolerance under the law for any alcohol consumption by drivers under 21 in Ontario. By law anyone with a G1,G2, M1 or M2 Licence or under 21 will face harsher penalties than adults in the warn range. They face the same penalties as adults for impaired driving if they are deemed impaired or have 80 mg / 100 ml or greater alcohol.
YOUNGER DRIVERS – SEVERE PENALTIES – Alcohol & Drugs
While fully licenced Adults over 21 must register in the 50 mg to 80 mg/100 ml of blood in their system, to attract a Warn Range Offence under the Highway Traffic Act, young and novice drivers under 21 with ANY ALCOHOL or DRUGS in their system will be charged with driving with WARN RANGE offences and similar to adults but with more severe penalties as set out below:
First Offence : immediate three-day licence suspension, 30-day licence suspension upon conviction, $60-$500 fine, $250 penalty, and $287 licence reinstatement fee.
Second Offence : immediate 7 day licence suspension, 30-to-90-day licence suspension upon conviction, $350 penalty, $60-$500 fine,, mandatory attendance in alcohol/drug education or treatment program, and $287 licence reinstatement fee.
Third Offence : immediate 30-day licence suspension, $450 penalty,cancellation of licence or 30-day licence suspension for fully licensed drivers under the age of 21,, $60-$500 fine,, mandatory attendance in alcohol/drug education or treatment program, six-month mandatory vehicle ignition interlock device, and $287 licence reinstatement fee.
Vehicle is subject to be towed and impounded if no driver licenced and present to drive at the scene and registration on driving record and driving licence resulting in in increased insurance rates.
WHY CHOOSE US FOR YOUR DRIVING IMPAIRED/OVER 80 CASE
- We know the Law : We understand the unique differences between the Impaired and Drive Over 80 Mg / Drugged Driving offences and the relevant factors. We have the skill to deal with any one of these complex areas. We make sure the legal system works not just for the police and the Crowns but for you !
- We are Fast : We will be in your corner from the first phone call.
- Unique Plan : We will develop with you a unique plan for your case. We will consider all of your personal factors, family, employment, immigration, travel and finances.
- We Listen : You can reach us by phone/email anytime.
- Progress Updates : regular progress updates on your case.
- You are Never Alone : We communicate with you. You’ll never be in the dark.
- Peace of Mind : We’ll go to court for you so you don’t have to.
- We Go Above and Beyond to Have your Back : We are in Your Corner and dig deep, working hard and smart leaving no stone unturned to protect your rights using all legal means available.
- Flexible Financial Plans : We’ll work out financial payments that you can manage.
- We See the Big Picture : We’ll protect ALL of your rights. Under Canadian law you are presumed innocent until proven guilty. You are not required to prove your innocence, only raise a reasonable doubt as to your guilt, based on all the evidence before the Court. We try to minimize the negative effects of a conviction and criminal record on you which could expose you to civil actions, risk to employment, education, or travel plans and harm your immigration status. We understand AUTO INSURANCE !!!
- One Stop Legal : We can deal with any spin off legal issues including your immigration, employment or any civil actions if needed so you won’t have to find another lawyer. Since we know your case you’ll save money.
- Our Goal : We aim is to investigate the facts and to negotiate a conviction-free result for you. Our goal is always to help you first to have a conviction-free resolution with NO CRIMINAL RECORD and second, to avoid any jail time, and in the worst scenario, from any harsh sentence.
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Areas we serve for criminal defence law in Ontario
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