Impaired Driving, Drunk Driving, DUI, DWI
Drunk driving, DWI, DUI, and impaired driving, in Ontario all refer to being found driving (or operating/riding a motorized vehicle, bicycle, etc) with a blood alcohol level of 80mg or more. A conviction will likely result from this, refusing to take a breathalyzer test, or being under the influence of other illegal drugs while driving.
On the scene, a police officer may also ask you to perform a Field Sobriety Test. These tests are quite subjective and highly prone to inaccuracies. They are performed on the roadside and require the driver to perform tests for coordination, alertness, and capacity to follow instructions. However, there are several reasons why a driver may not perform well in these circumstances, including: improper training in the use of devices, breathalyzer inaccuracies or defectiveness, equipment interference or contamination, or breath contamination.
Drunk Driving Penalties in Ontario
In Ontario, if you have been charged with a Blood Alcohol Content (BAC) over 0.08 you will lose your licence for 1 year, while if there is a previous conviction on your record, you will lose your licence for 3 years. If this is your third suspension, you will lose your licence for a minimum of 10 years, and you will only have a chance of getting it back then if the Ministry of Transportation feels you will not be a further risk to the public. A fourth offense will result in a ban from driving for life without exception.
If your DUI conviction involved an accident, injuries or an excessive BAC level, a judge will likely fine you a minimum of $1000, and you may face a minimum of 120 days in jail. In addition, you will experience skyrocketing insurance premiums, be required to attend remedial classes, and may be required to install an Ignition Interlocking Device which inhibits the vehicle being operated unless you breath into the connected breathalyzer.
A failed test will not necessarily lead to a conviction. In reality a skilled criminal lawyer will take the appropriate steps to opposing the results.
Being charged with DWI requires that you get all the support you can. What’s at stake are your personal freedoms, finances and driving privileges. When in consultation with a lawyer, ensure they have the experience and skill to represent you in court. Be prepared to ask them for references, case studies and personal client testimonials.
Contact The Criminal Law Team Toronto for a free consultation.
As dedicated, honest and caring criminal lawyers, we bring you over 60 years of experience and an excellent record of success to help defend your criminal charge.