When charged with impaired driving in Ontario, they need a Toronto criminal lawyer they can rely on to defend their rights and safeguard their license – otherwise, they risk having their driving privileges taken away, their criminal record being added to and premiums skyrocketing as a result.
Protect yourself by understanding the differences between an impaired driving charge and an over 80 charge; many misunderstand these terms.
What is the Over 80 Rule?
The Over 80 Rule in Ontario makes it illegal to operate a vehicle while having more than 80 milligrams of alcohol per 100 milliliters of blood, even if you feel perfectly sober. Even if police stop and inspect you, an arrest may still be issued if their BAC exceeds this level.
Police who suspect you of driving under the influence will request that you take a breathalyzer test, with any reading above 80 resulting in automatic charges for over 80. They also reserve the option of adding refusal as an additional offense and could charge this as impaired driving as well.
Prosecution will only succeed in their case against you if they can demonstrate you had over 80 milligrams of alcohol in your system at the time you were operating the vehicle or in care and control of it. Prove this can be challenging as different people react differently when drinking; depending on how much and when one consumes alcohol their blood alcohol content could have increased more rapidly during driving than it did at breathalyzer testing hours later.
That is why it is essential that you retain a Toronto DUI lawyer to help understand the charges against you and devise a strategy to defend against them. Doing this could save your license, avoid criminal records and reduce insurance premium increases significantly.
How do Police Officers Test for Impaired Driving?
IF a police officer suspects you of driving under the influence, they may request you take three standardized field sobriety tests (SFST). These are three physical exams designed to evaluate balance and coordination; additionally they may observe your physical movements as you answer questions, your appearance as well as whether your car smells of alcohol or drugs.
Breathalyzer tests or intoxilyzer tests measure your blood alcohol concentration (BAC). If your BAC exceeds the legal limit, an Over 80 offense will be committed and charges filed accordingly.
Police can conduct more tests than just breathalyzer tests on drivers suspected of impaired driving. Aside from breathalyzer tests, police may also require you to submit to oral fluid samples at the roadside as well as 12-step drug evaluation or bodily fluid blood sampling at their station. Any evidence collected at the roadside will only be used as preliminary evidence against an impaired driving charge, whereas evidence collected at their station will help pinpoint when and where your alleged offense took place.
At this stage, it’s essential that you find a criminal defence lawyer experienced with impaired driving cases and how police conduct roadside investigations. Together, you must devise strategies designed to defend your rights at every turn in this process.
What Are the Penalties for Impaired Driving in Ontario?
If you are caught driving impaired in Ontario, penalties can be severe and have long-term repercussions. First-time offenders may receive some leeway for reduced penalties with strong legal representation – though you mustn’t take this matter lightly.
DUI is considered a criminal offence punishable under both provincial and federal laws. Although similar in nature, penalties vary depending on where you reside. Crown Attorneys generally pursue convictions under the Highway Traffic Act; if charged with more serious offenses there may also be additional consequences under Criminal Code law.
The Over 80 rule is a technical charge, meaning it looks only at blood alcohol concentration (BAC). It doesn’t assess whether you were driving while impaired – something which can prove tricky since people respond differently to alcohol; someone could consume several drinks and be over the limit but show no indications of impairment whatsoever.
Anyone convicted of impaired driving faces severe penalties that include licence suspension, fines, vehicle impoundment and enrollment in treatment or educational programs. Depending on the severity of their offense, some may even require installation of an ignition interlock device in their car – even if this is their first offence. In cases involving injury or death as the result of their driving, jail sentences and lifetime driving bans could apply as well.
What Can I Do to Avoid Being Charged with Impaired Driving?
Canada prohibits driving with more than 80 milligrams of alcohol per 100 millilitres of blood in your system; drivers found exceeding this legal limit could face charges for impaired driving – more commonly referred to as DUI charges.
An DUI conviction can have significant repercussions that are detrimental to both your personal and professional lives. A conviction could increase insurance premiums significantly or cause the insurer to cancel it entirely; furthermore, having been charged can make finding employment and receiving scholarships or grants more challenging.
Staying under the legal limit is the easiest way to avoid being charged with impaired driving; however, many factors can impact your alcohol tolerance, including gender, age, mood and what you eat – these all play an integral part.
As soon as police stop you, you’ll be required to perform physical coordination tests at the roadside and provide a breath sample at a station. Your compliance is required of you; should the reading on an intoxilyzer machine indicate an alcohol concentration above 80 percent legally permitted, charges of Over 80 will likely follow.
Good news is, an Over 80 charge can be successfully defended if it can be shown that there were no reasonable and probable grounds for arresting you. As per your right to counsel, any breath readings taken without following those rights could be excluded as evidence against you.
