Impaired and Over .80

Drinking & Driving ( DUI ) Offence Lawyer 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 still be charged with driving over the legal limit.

When charged with an impaired or driving over .80 offence, 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.

All it takes is one impaired driving conviction to forever change your life: you will lose your licence; have to pay a fine; become labeled a “high risk driver”, which increases your premiums exponentially; and even be denied entry into certain countries. You could even go to jail. If you cause an accident while driving under the influence, you could face many more serious charges. In addition to all the fines and fees you will have to pay to reinstate your licence, you will also have a permanent criminal record.

Often, individuals charged with a drinking and driving, or driving under the influence (DUI), have never been in trouble with the law before.

Put up a fight: prevent a criminal record and other costly consequencesof a conviction of a drinking and driving offence. Contact Céline Dostaler at 613-863-8595 to set up a free in-person 30-minute consultation at your convenience.

To defend yourself against a conviction, you need a lawyer who is knowledgeable in the ever-changing state of the law, and who understands the multiple defences. Céline Dostaler has defended many people against charges of driving while impaired or over .80.

Drinking and driving offences: Types of drinking and driving offences Impaired

A person is considered to be impaired if their abilities to drive are compromised by alcohol or drugs. Evidence of impairment may include driving observations: erratic driving, weaving or causing an accident. Other evidence may include personal observations of the driver, such as bloodshot eyes, flushed face, odour of alcoholic beverage, 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.

Drinking and driving offences: 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:

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 $578. In addition, you will only be allowed to drive a vehicle that has an ignition interlock system, which you must pay for the installation and the monthly rental fee.

Note that 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.

Drinking & Driving ( DUI ) Offence Lawyer 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 still be charged with driving over the legal limit.

When charged with an impaired or driving over .80 offence, 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.

All it takes is one impaired driving conviction to forever change your life: you will lose your licence; have to pay a fine; become labeled a “high risk driver”, which increases your premiums exponentially; and even be denied entry into certain countries. You could even go to jail. If you cause an accident while driving under the influence, you could face many more serious charges. In addition to all the fines and fees you will have to pay to reinstate your licence, you will also have a permanent criminal record.

Often, individuals charged with a drinking and driving, or driving under the influence (DUI), have never been in trouble with the law before.

Put up a fight: prevent a criminal record and other costly consequencesof a conviction of a drinking and driving offence. Contact Céline Dostaler at 613-863-8595 to set up a free in-person 30-minute consultation at your convenience.

To defend yourself against a conviction, you need a lawyer who is knowledgeable in the ever-changing state of the law, and who understands the multiple defences. Céline Dostaler has defended many people against charges of driving while impaired or over .80.

Drinking and driving offences: Types of drinking and driving offences Impaired

A person is considered to be impaired if their abilities to drive are compromised by alcohol or drugs. Evidence of impairment may include driving observations: erratic driving, weaving or causing an accident. Other evidence may include personal observations of the driver, such as bloodshot eyes, flushed face, odour of alcoholic beverage, 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.

Drinking and driving offences: 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:

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 $578. In addition, you will only be allowed to drive a vehicle that has an ignition interlock system, which you must pay for the installation and the monthly rental fee.

Note that 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.

CONTACT US

    Céline Dostaler offers a free initial consultation with no obligation, to discuss criminal charges with anyone who requires legal representation, no matter the criminal offence. Whether you, someone you love, or a close family friend has been charged with a criminal offence, call Ottawa criminal lawyer Céline Dostaler today.

    Call Us

CONTACT INFO

ADDRESS:
200 Elgin St, Suite 901,
Ottawa, ON K2P 1L5

OFFICE:  613.695.8595
CELL:  613.863.8595 (24/7)
Email:  [email protected]

OUR LOCATION