Impaired driving charges can have devastating consequences to your ability to drive, your insurance, your reputation and potentially your liberty. You need a lawyer experienced in this very specialized field to give yourself the best chance of a good outcome.
In Canada you can be charged for impaired driving, driving with more than 80mg of alcohol, or refusing to provide a breath or blood sample. Impaired driving also covers not only impairment by alcohol, but impairment by drug.
“Over 80” and “refuse” charges do not require evidence of actual impairment. You could appear fine but still be charged and potentially convicted of these offences. Impaired driving do not require a breath test to prosecute, though they are often prosecuted with and “over 80 or a “refuse” count attached to the impaired driving count.
All of them have a mandatory driving suspension and all of them will cause your insurance to skyrocket.
All these offences carry mandatory minimum penalties. If convicted of your first offence you will receive a minimum $1000 fine and a licence suspension for one year. You will also have to meet certain conditions before regaining your licence. Typical conditions can include installation of an interlock device and participating in an alcohol treatment program.
This is a technical area of the law and needs specialized knowledge. Often your defence is assisted by defences based on the Charter of Rights. If your rights were breached while the evidence was collected you could be entitled to have that evidence excluded. This could lead to your charges being withdrawn or you being acquitted.
If you have been charged with any of these offences, come and meet one of our impaired driving lawyers for a free consultation.