Over 80 impaired driving charges after being pulled over in Ontario, Canada

If a driver swerves, crosses the double yellow or side white line, is not following the rules of the road (speeding, going through stop signs or red lights, etc.) and the police see it they will pull the person over. When they approach the vehicle they will look for indicators of impaired driving. The most common indicators are slurred speech, an odor of alcohol, and an inability to locate requested paperwork (licence, insurance proof, vehicle registration).

Some drunk drivers also will talk more than what is normally expected and end up talking themselves into being arrested. Another common indicator of intoxication is that the person appears to be searching for words. They lose track of what they are saying mid sentence or otherwise. Those who talk a lot are more likely to be binge drinking and perhaps to not drink alcoholically. Chronic, heavy daily drinkers may be more coy and able to control themselves to not talk so much, but if drunk will likely be discovered and arrested since impairment is not able to be hidden at certain levels.

Did the police have a legal right to pull me over?

The police can pull anyone over they like. One of the main questions people ask when they get pulled over is “why did you stop me?” or “why did you pull me over?” It is often said that driving is a privilege and not a right. While the police normally do not (and should not) arbitrarily pull people over for no reason this does not mean that they do so legally.

In Ontario, all police forces have the right to pull any driver over to ensure they are licenced and insured and check on the mechanical fitness of the vehicle. If the police suspect someone may be impaired they can always pull them over for these reasons. Upon interacting with the driver if indicators or impairment are present they can then make further demands such as to blow into a Approved Screening Device (ASD).

Refusal to provide a breath sample (CC S. 320.15(1)) is a crime that carries the same penalties as over 80 and more difficult to fight in court so a driver should always provide a breath sample if asked to do so.

In most circumstances, the driver should always blow if it is being demanded by the police. Many people have no idea that the police can charge them for refusal until after they are charged. When someone gets pulled over their adrenalyn and fear naturally increases (especially if they have been drinking). Some people just can’t believe that a police officer can demand them to blow into a device and that they will be charged with a crime if they refuse to do so.

The penalty upon conviction will be the same and often the accused's lawyer will have less avenues to fight the charges in refusal cases.


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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