Practice Areas

Impaired Driving (DUI) & Over .80

Impaired Driving (DUI) Defence Lawyer in Ottawa

Driving home after drinking 2 beers during the night may seem like a good idea, but if the readings on the police’s breathalyzer machine are .80 or higher, you can receive an impaired driving charge. Driving over the legal limit is sometimes called driving while impaired (DWI), driving under the influence (DUI), and impaired driving.

When charged with impaired driving or driving over the legal limit of .80 , you automatically lose your licence for 90 days. The costs of a conviction can be overwhelming. The fine, the mandatory ministry course, the installation of an interlock device, and the rising cost of insurance, are but a few of the future expenses.

Often, individuals charged with a drinking and driving, or driving under the influence (DUI), have never been in trouble with the law before. Céline has defended many people against charges of driving while impaired or a blood alcohol level over .80.

Types of drinking and driving offences

A person is considered to be impaired if their ability to drive is compromised by alcohol or drugs. Evidence of impairment may include observations of erratic driving, weaving, or causing an accident. Other evidence may include personal observations of the driver, such as bloodshot eyes, flushed face, odor of alcoholic beverage, careless driving / dangerous driving, slurred speech, and loss of motor coordination times.

Over .80

The term “over .80″ means that the concentration of alcohol in a driver’s body exceeded 80 milligrams in 100 milliliters of blood. The alcohol concentration is determined from an analysis of breath or blood samples obtained by the police with a breathalyzer.

Refusal or Failure to Provide a Breath Sample

When a police officer demands that a breath sample be provided, the driver must comply and provide an acceptable sample. Having medical issues that prevent an individual from giving a proper breath sample may be a defence to the refusal. The consequences of a conviction of refusing to provide a breath sample are essentially the same as those for a conviction of impaired driving or over .80.

Consequences of being convicted

In addition to having a criminal record, a conviction for a drinking and driving offence will have the following minimum penalties in Ontario for an Ottawa DUI charge:

First Offence

  • A one year driver’s licence suspension
  • A fine of at least $1,000

Second Offence

  • A three year driver’s licence suspension
  • A jail sentence of 30 days

Third Offence

  • A lifelong driving prohibition
  • A jail sentence of 120 days

After the driving suspension, you must participate in the “Back on Track Course”, which costs $634. In addition, you will only be allowed to drive a vehicle that has an ignition interlock system, which you must pay to have installed in addition ot the monthly rental fee.

These are the minimum sentences that a judge can grant. However, fines often get increased and jail is always a possibility, depending on the facts alleged by the Crown.

Call a skilled Criminal Lawyer today to defend your DUI charge.