Impaired Driving

The Consequences of an Impaired Driving Conviction

Impaired driving refers to the operation (or care and control) of a motor vehicle while impaired by the effects of alcohol or drugs, or while your blood alcohol level is equal to or exceeds 80 mg of alcohol in 100 ml of blood. It is also a criminal offence to refuse a valid breath/blood or drug recognition expert demand. These charges are known as “DUI” charges in the United States. In Ontario, a first conviction for impaired driving, 80 or over, or refuse breath sample will automatically result in the loss of your driver’s license for a minimum of one year (subject to Stream A or B of the Ontario Early Interlock program) and a minimum fine of $1000 to $2000 depending on the circumstances. It can, in certain circumstances, result in jail time. On a second or subsequent conviction, there are mandatory minimum jail sentences and lengthy driving prohibitions. Following any impaired driving conviction, your insurance premiums will likely skyrocket.

Impaired driving charges can arise from alcohol use or the use of any substance that may affect the way you drive, including marijuana, illegal drugs, prescription drugs, and over-the-counter drugs. There are limits to the amount of THC and other drugs that you can have in your system before you are considered legally impaired.

Ontario leads the way in Canada and North America with some of the toughest impaired driving laws and programs on the books. Drivers will face an immediate 90-day roadside drivers license suspension for registering a blood alcohol level of 0.08 or more, for failing a drug recognition examination conducted by a drug recognition expert, or for refusal to take a breath test or drug recognition examination. Your vehicle doesn’t even have to be moving in order to be charged; for example, just sitting behind the wheel while impaired can, in some circumstances, be enough to result in a conviction.

The repercussions of an impaired driving conviction can be far-reaching. In addition to the possible fines and other penalties, losing your license can affect your job and your family, and a criminal record can damage your future employment and educational opportunities as well as your reputation.

The laws governing impaired driving crimes in Canada are complex, as are the potential defences and other options available to a person charged with these types of offences. The complexities involved in an impaired driving prosecution are such that it is crucial that you retain a skilled criminal lawyer with experience with impaired driving charges who can look at the specific facts of your case and help you determine the best possible course of action.

At Eisen Dyer LLP, we regularly contest drinking and driving charges and are often able to resolve a case on the basis of a lesser Highway Traffic Act charge. You don’t need to face an impaired driving charge alone; talk to an experienced defence lawyer today to learn more about your rights and your options.