Should You Fight Impaired Driving Charges In Ontario?

By Adriana Noton


In Canada, anyone who operates a vehicle while impaired by alcohol or has a blood alcohol concentration 80 milligrams or above commits a serious criminal offense. Ontario is one province that has very strict laws regarding driving while impaired.

In Ontario, if you fail a breathalyser or do not comply with police officer's demand for a breathalyser test, commits a serious offense. If you are convicted for an impaired driving offense, you can lose your driver's license for at least one year. If you have been charged with driving while impaired Section 253 (a) of the Criminal Code or Section 253 (b) blood alcohol over .08 or Section 254, you should consult with a lawyer who specializes in impaired driving charges to see if you have a defense.

If you plead guilty to an impaired driving charge without consulting an attorney, there can be a number of serious consequences. You will have a record of a criminal conviction for the rest of your life. This could affect your job prospects as you may be denied a job such as a teacher, government employee, etc. You will likely lose you driver's license for a certain period of time. You will have high fines and court costs to pay. Your insurance costs will drastically increase. The impact will not only affect you but also your family. You will need to install an Ignition Interlock Device on your car and any other vehicle you drive which is very expensive. You must also pay insurance on the interlock device. Anyone who drives your vehicle will have blow into the interlock device, even your teenager. As well, you may not be able to travel to the United States.

You should never plead guilty to an impaired driving charge until you consult with a criminal lawyer who specializes in impaired defenses. The charge is much too serious to manage by yourself, and every impaired driving case is unique and the situations are never the same. Because of how the law is designed in relation to the proof of drinking and driving offenses, there are many grounds for a defense. For instance, the machines used to obtain the blood alcohol readings can be challenged such as providing defense evidence, pointing to evidence presented in the Crown's case, or both.

Impaired driving cases are not only won, but cases are often won on legal technicalities that you may not know about. In addition, every impaired driving case does not always go to trial. A lawyer can often negotiate an impaired driving charge to a traffic ticket or get it reduced to a charge that does not involve losing your drivers license for an extended period of time. A lawyer with a thorough knowledge of impaired driving issues often can identify an area of the Crown's case that is weak. An attorney specializing in impaired charges will conduct a detailed review of your case and will be able to advise you on your chance of at defeating the charge. A lawyer will explain the possible specific defenses that fit your unique situation. If you are charged with impaired driving, it is wise to consult with a criminal attorney about whether you should fight the charge.




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