DUI in Canada = impaired driving, over 80 mgs, and failure or refusal to provide a breath sample.

All forms of DUI charges carry the same potential Criminal Code penalties in Canada (mandatory minimum criminal record).

Lawyers will use the terms DUI, DWI, impaired driving, failure or refusal to blow, and over 80 mgs to refer to Criminal Code (CC) DUI charges in Canada. The different terms for impaired driving originate from the wording found in the CC.

There is not much of a difference between each offence in terms of sentencing. All are viewed as DUIs in Ontario and handled similarly in court.

Police in Ontario normally simultaneously charge for both over 80 and impaired driving.

They charge under more than one DUI section as it is an offence to driving with over 80 milligrams of alcohol in your blood and also an offence to drive impaired (even if you are under 80 mgs). If a driver blows 40 mgs they can still be charged with impaired driving if they are deemed impaired. The reason the police will simultaneously charge for both over 80 and separately impaired driving is because if the over 80mg testing evidence is problematic they can still possibly secure a conviction if the judge believes the person was impaired despite being under 80.

Practically speaking most people who blow under 80 will not usually be criminally charged. With the legalization of marijuana though the police are now more concerned than ever with cannabis impairment or the combination of alcohol and cannabis (crossfaded). The lower a person blows the better the chance they stand at winning the case if it goes to trial or getting the Crown Attorney to drop the criminal charges. Allegations of drug induced impairment are now causing more people to be charged even if they blow under the legal limit.

Refusal Charges under Section 320.15 (1) of the Criminal Code of Canada

While the police cannot physically force someone to blow into an Approved Screening Device (ASD) or Intoxilyzer 8000 at the station, they can charge the person for Refusal under Section 320.15 of the Criminal Code if they do not. The penalties for Refusal are essentially the same for impaired and over 80 so those who choose not to blow still will find themselves criminally charged. It is better to blow than to refuse because refusal charges tend to be more difficult defend at trial.

In refusal cases the person’s lawyer is unable to say in court that the breath test was inaccurate, not conducted properly, or that the machine was not properly maintained and therefore the reading should not be given as evidence. There is less to work with in refusal cases, but still plenty of room for mistakes. The police may have had no reason to justify asking you to blow to begin with.

You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with impaired driving throughout all of Ontario, Canada.

Have a skilled criminal lawyer who focuses on defending DUI charges protect you and your future from the consequences of a criminal record.




Are you a lawyer? If you are defending a impaired driving related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

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