I had a glass of wine or a few beers and now am charged with impaired driving. What should I do?

Depending on the time that has elapsed, the weight, and gender of the person it may be possible to be over 80 and charged with impaired even after a 2 beers or a glass of wine. Since most people charged with DUI offences in Ontario will be charged with both “impaired” and “over 80” a person does not necessarily have to be over 80 mg in 100 L of blood to be found guilty and convicted. If an officer determines at the roadside that the driver or person in care and control of the vehicle was impaired they can be charged and convicted even if they have a BAC of under 80. This is why the police almost always charge for both “impaired” and “over 80” in DUI cases.

The person could blow under 80 mgs on the approved screening device (ASD) or at the police station and still be found guilty if the court believes they were impaired while driving or in care and control.

Impairment can also include other drugs. Police are likely more cognizant of non-alcohol impaired drivers since the legalization of cannabis in Canada. This may lead to more people being falsely accused of impaired driving (be it alcohol, cannabis, etc.).

In impaired driving cases that go to trial the video footage that is available will often play a key factor for the judge in determining whether the person was impaired or not (whether via alcohol, drugs, or a combination of both). For this reason the footage of dash cams, body cams, CCTV, police cells, in cell video, breath room and booking, sally ports, cell phones, and other methods are an important part of the evidence to be scrutinized by the accused's lawyer and the court.

There may be video evidence that will help the accused even in cases that they wrongly believe are unwinnable which is why they should hire a lawyer to review all of the disclosure/evidence against them as soon as possible.


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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