DRIVING UNDER INFLUENCE

DUI Lawyers in Toronto

Operating and in control of a motor vehicle when your blood level is influenced by any substance that can put you and others at risk.

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A DUI (Driving under influence) offence has dire consequences. You could be arrested, lose your driver’s licence, lose your job, face “high-risk driver” insurance increases and possibly face imprisonment. Drinking and driving charges are offences in the Criminal Code that have mandatory sentences even if you have no Criminal or Highway Traffic Act record. 

Impaired Driving

When Is This Valid?

This charge occurs when a police officer has a reason to believe that your ability to operate a motor vehicle was impaired by alcohol or drug.

1st Offence Consequences

The minimum penalty for a first offence is:

  • Suspension of your driving privileges for one year
  • A fine of no less than $1,000
  • Participation in the “Back on Track” counselling program, at your own cost
  • Installation of an Ignition Interlock system / alcohol screening device in your vehicle for one year (at your own cost)
2nd Offence Consequences

The minimum penalty for a second offence is:

  • Driver’s licence suspension for three years (if the previous conviction was within 10 years)
  • Mandatory jail term of 30 days (minimum)
  • Participation in the “Back on Track” counselling program, at your own cost
  • Installation of an Ignition Interlock system/alcohol screening device in your vehicle for three years (at your own cost)

Over 80 mg

When Is This Valid?
  • It is a criminal offence to operate a motor vehicle while your blood alcohol level is over the legal limit of: 80 milligrams of alcohol in 100 milliliters of blood. This legal limit is sometimes referred to as Over 80. Not everyone’s ability to drive will be impaired at this blood alcohol level. A breathalyzer is used to obtain the evidence for this charge.
1st Offence Consequences

The minimum penalty for a first offence is:

  • Immediate 90 day license suspension
  • Impounding of your vehicle
  • A fine of $1000 to $2000 dollars
  • criminal record for life
  • Possible jail for serious or repeat offences
  • Upon conviction an additional one year licence suspension
  • Upon reinstatement of license, mandatory ignition interlock installed in any vehicle
  • One hundred (100%) percent increase in insurance rates

Fail/Refuse to Provide 

When Is This Valid?

The charge of refuse breathalyzer test has the following penalties

Consequences

This charge may come as a direct result of refusing to provide a breath sample at either:

  • Roadside (Screening Device)
  • Police station (Breathalyzer/Intoxylizer 5000C/8000c)
  • A mobile police station
  • The hospital

If any of the above charges apply to you, contact us for a free consultation with a legal professional team member. 

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