DUI or Impaired driving

In Ontario, drinking and driving offenses, often referred to as impaired driving offenses, are serious criminal charges related to operating a vehicle under the influence of alcohol or drugs. The main offenses include:
Impaired driving

This offense occurs when a person operates a vehicle while impaired by alcohol or drugs. The impairment must be to a degree that it affects the person’s ability to drive safely.

Driving Over 80 (80 mg)

A driver can be charged with Driving Over 80 if their blood alcohol concentration (BAC) exceeds the legal limit of 80 milligrams of alcohol per 100 milliliters of blood. This is determined through breath or blood testing.

Refusing to Provide a Breath Sample

Refusing to provide a breath sample during a lawful demand by law enforcement can lead to charges. Refusal carries penalties similar to impaired driving charges.

Fail or Refuse to Comply with Sobriety Test

Failing or refusing to comply with a standardized sobriety test (such as a physical coordination test) can result in charges. These tests may be administered at roadside stops.

Care and Control

Individuals don’t need to be actively driving to face charges. Simply being in care and control of a vehicle while impaired can lead to charges. For example, being in the driver’s seat with the keys nearby could constitute care and control.

It’s important to note that impaired driving laws and procedures can be complex, and the specific details of the process may vary. Seeking legal advice from a qualified criminal defense lawyer is crucial for understanding the implications and potential defenses applicable to a particular case. If you or someone you know is facing drinking and driving offenses in Ontario, consult with a legal professional for personalized guidance.