DUI charges in Canada (impaired, over 80, refusal to provide a breath sample).

Every province treats those charged with impaired driving differently. Ontario police charge almost everyone criminally who blows over 80.

Canada is a federation just like the USA. While we have a federal unified Criminal Code it gives the provinces room to develop programs in some sorts of cases for those charged with impaired driving crimes. While the prosecutor may be looking for a jail sentence for a first time DUI in Ontario, someone with a similar case in another province may be offered a diversion type program to avoid a criminal record. This does not exist in Ontario. In fact even those who blow under 80 may still be charged with impaired driving if the officer believes they are driving while impaired (by drugs or alcohol).

Under 80 cases are more easily defended at trial and easier to get dropped than those above that. Most people who blow under 80 in Ontario will not be criminally charged but this is not guaranteed. Even blowing a 50 will result in an immediate roadside suspension but not necessarily Criminal Code impaired driving charges.

If the person appears to the police officer to be reacting beyond the alcohol level that they blew they may accuse them of being impaired by cannabis or some other drug - and still impaired to drive. They may also press impaired driving charges because they believe the person is too drunk to drive despite being under the legal limit. It will be up to the judge when the case goes to court to decide though these cases are often able to be dropped without going to trial.

While Ontario has maintained its strict laws with regards to impaired driving, sometimes the Crown Attorney can be persuaded to drop or reduce the charges if the circumstances are not too bad and their lawyer handles the case correctly.


Call us today.
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 offences throughout Ontario.

Have a skilled criminal lawyer who focuses on impaired driving related charges protect you and your future from the stigma and consequences of a criminal record.





Are you a lawyer? If you are defending an 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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