In Canada, there is no specific crime of driving under the influence, or “DUI,” but there are several offences related to driving while intoxicated, or after having consumed alcohol or drugs.
DUI Lawyer Ottawa
One mistake should not ruin your life. Our DUI lawyers in Ottawa are experienced in defending all driving charges.
If you have been charged with a DUI or drug-impaired driving offence in Ottawa or eastern Ontario, our experienced DUI lawyer at AGP LLP can help.
These offences are all serious, and they bring with them serious consequences. The financial costs alone are considerable. So-called “drunk driving offences” carry a mandatory driving prohibition, which means incurring the cost of securing other ways of getting around, often for a year or more. Also, following a conviction, the cost of obtaining insurance will often skyrocket, and you will be required to install an alcohol interlock device in your car—at your own expense—for a considerable period of time. The total costs from losing your license, and the increased costs of regaining it, often amount to tens of thousands of dollars. In addition, a conviction for one of these offences will typically invalidate your insurance, which means you could be personally liable if a person was injured or property was damaged (including your own vehicle) in the course of the offence.
In addition to these financial costs, impaired driving offences carry all the usual risks that flow from a criminal conviction: the potential for a jail sentence, loss of employment prospects, and an inability to travel internationally.
Drinking And Driving Terminology
Driving Over 80
This criminal offence is committed where the blood-alcohol concentration in the defendant’s body exceeds 80 milligrams of alcohol per 100 milliliters of blood. It is sometimes referred to as “Over 80” or “Over .08.” The blood-alcohol level is determined from a sample obtained by the police after being stopped, usually through a breath sample.
Impaired Driving
Impaired driving is an offence that is committed when a person’s ability to drive is impaired to any degree by alcohol or drugs.
“Care and Control”
Most people are unaware that they do not need to be driving a motor vehicle to be charged with a drinking-and-driving offence. If a person is in “care and control” of a vehicle—for example, if the person is sitting behind the wheel of a vehicle that is parked, with easy access to the keys—they can be convicted of a DUI offence.
Refusal to Provide a Sample
The police often have the right to demand a breath sample if they have grounds to believe that a suspect is impaired or under the influence of alcohol or drugs. Refusing to provide the sample carries the same penalties as being convicted of driving “over 80” or impaired driving.
Defending DUI Offences
There are numerous defences to DUI criminal charges. If you are facing a DUI charge, our DUI lawyer at AGP LLP will carefully examine the circumstances of your case, and the evidence the police and Crown have against you, to build a strong defence to the charges.
If you’re facing impaired driving charges in Ottawa, hiring a skilled DUI lawyer is essential. DUI cases involve complex legal principles, including evolving laws and defense strategies. A knowledgeable lawyer will review the evidence, challenge breathalyzer results, and represent you in discussions with the Crown attorney.
An experienced lawyer understands the intricacies of impaired driving cases, staying updated on legal changes and ensuring your rights are protected. They work to reduce or dismiss charges, safeguard your license, and provide fair treatment under the law. Without expert legal representation, you risk severe penalties that could impact your future. Consult a DUI lawyer today to secure the best possible defense for your case.
If you’re charged with impaired driving in Ottawa, the police may stop you randomly at a checkpoint or during a “roving check stop.” With tightened impaired driving laws, the Ontario Provincial Police and Ottawa Police Service have the authority to stop drivers to check for impairment due to alcohol or drugs.
During the stop, you will be asked for your license and whether you’ve been drinking. If the officer has reasonable grounds to believe you’re impaired, they may request a roadside breath sample. If you exceed the legal limit or are deemed impaired, you will be arrested and informed of your right to contact a lawyer. Additional breath or blood samples will then be taken at the station or a mobile check stop bus.
It’s important to note that the roadside breath sample cannot be used as evidence in court. Only results from the Intoxilyzer® 8000C device are admissible in a conviction.
Impaired driving in Ontario carries mandatory minimum penalties, even for a first offense. These penalties include:
•A minimum fine of $1,000 (not including additional fees and surcharges)
•A minimum one-year driving ban
For a second offense, penalties increase to:
•An automatic minimum 30-day jail sentence
•A minimum two-year driving ban
•A fine at the judge’s discretion
For a third offense, the penalties are:
•An automatic minimum 120-day jail sentence
•A minimum three-year driving ban
•A fine at the judge’s discretion
These are the minimum penalties. The maximum penalty for impaired driving is five years in prison, unless someone is injured or killed. In cases of injury, the sentence can rise to 10 years, and in fatal accidents, a life sentence may be imposed.