Impaired driving (often referred to as DUI) is one of the most heavily prosecuted offences in Ontario. A conviction carries mandatory minimum penalties, a criminal record, and a lengthy licence suspension.
The short answer
Impaired driving involves operating a vehicle while your ability is impaired by alcohol or drugs. An 'Over 80' charge means your blood alcohol concentration was equal to or over 80mg per 100ml of blood. Defending these charges requires scrutinizing police procedure, breathalyzer calibration, and Charter rights. You need a criminal defence lawyer immediately.
Immediate Consequences
Upon being charged with Over 80 or refusing a breath sample in Ontario, you face an immediate 90-day administrative driver's licence suspension (ADLS) and a 7-day vehicle impoundment, before you even go to court. If your vehicle was used for a business, this could also lead to civil litigation regarding lost business income or contractual breaches.
Penalties upon Conviction
For a first offence, the mandatory minimum penalty includes a $1,000 fine, a one-year criminal driving prohibition, and a criminal record. Subsequent offences carry mandatory jail time. A conviction could also severely impact your livelihood, making it difficult to maintain residential or commercial tenancies if you lose your income source.
How we defend Impaired Driving charges
Impaired driving cases are highly technical. Defences often involve:
- Charter Violations: Were you denied your right to counsel? Was the traffic stop lawful?
- Instrument Accuracy: Was the breathalyzer machine properly calibrated and operated by a qualified technician?
- Reasonable Suspicion: Did the officer have the legal grounds to demand a breath sample?
When to talk to a lawyer
A conviction will severely impact your ability to work and travel. Kuner Law meticulously reviews disclosure to identify technical flaws in the Crown's case. Book a consultation to discuss your defence strategy.
Frequently asked questions
Q: Can I refuse a breathalyzer test?
A: Refusing to provide a breath sample without a reasonable excuse is a criminal offence that carries the same, or sometimes harsher, penalties as an Over 80 conviction.
Q: Will I lose my job if I get a DUI?
A: It depends on your employer and whether driving is a requirement of your job, but a criminal record and licence suspension certainly put employment at risk.
About the Author
Jora Kuner
Jora Kuner is the founder of Kuner Law and a lawyer called to the bar of the Law Society of Ontario. He holds a Juris Doctor from Bond University, an NCA Certificate, a BA (Hons.) from York University, and a Certificate in Dispute Resolution. He practises civil litigation, criminal defence, and tenancies in Mississauga and across Ontario.
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