Frequently Asked Questions about Impaired Driving
and Drinking and Driving offences

Impaired Driving Penalties:

1. Immediate, mandatory ninety-day administrative drivers licence suspension. (Also known as an ADLS suspension)
2. A conviction for impaired driving will mean that you will lose your driver's licence for at least ONE YEAR (in addition to the ninety day ADLS), and up to a lifetime suspension for repeat offences.
3. First time Drinking and Driving offences usually result in a fine, in addition to the mandatory ONE-YEAR suspension. Depending on the circumstances, the fine will be in the area of five hundred to five thousand dollars.
4. A second offence will mean a mandatory jail term, in addition to a fine and the mandatory suspension.
5. A criminal record which may prohibit you from holding certain jobs, being bonded, or traveling across the border to the United States or other countries.
6. If you are a new immigrant to Canada your citizenship may be in jeopardy.
7. A conviction for a drinking driving offence may mean that your insurance company may refuse to insure you. Your insurance company will consider you a "high risk". They will consider that because you are a "drinking driver" you are liable to be involved in an accident where they may have to pay out large claims. You may find that if you are able to get insurance, that you will be put into a "facility insurance" rate. Your premiums will be in the area of ten thousand dollars per year, for at least five years, meaning an insurance cost up to fifty thousand dollars!
8. When you do have your licence reinstated you will be required to install breath testing equipment in your vehicle for a cost to you of approx one thousand five hundred dollars.
9. Before your licence will be reinstated you will be required to take a mandatory alcohol Mandatory Alcohol Education and Treatment Program, at a cost to you of approx 500 dollars.

Impaired Driving is defined as "driving while your ability to operate a motor vehicle is impaired due to the consumption of alcohol or drugs", while “Driving over 80” means the driver operated a motor vehicle with a blood verses alcohol concentration of more than 80 milligrams.

Impaired driving and drive over 80mgs are separate offences but frequently the police charge motorists with both. They are both criminal offences, which may arise out of a single set of circumstances. They are two different charges, with two different issues to prove when the case comes to court.

Impaired driving means that the driver’s judgment to operate a motor vehicle was impaired because of an alcohol or drug. Therefore their ability to operate the motor vehicle was impaired due that consumption, not that the driver was necessarily drunk.

Over 80 means that the police had a legal right to test the driver’s blood/alcohol concentration and when they did so the level was found to be more than the 80 milligrams allowed by law. For this charge there does not have to be any evidence of intoxication or impairment, just the consumption of alcohol. This is the charge frequently laid at RIDE spot checks.

Yes. Impaired Driving, Drive over 80, Refuse Breath Test, and similar charges are all criminal offences. They are offences against the Criminal Code of Canada. Anyone convicted of these offences receives a Criminal Record that stays with that person for life.

Under the identification of Criminals Act, anyone convicted of a criminal offence is subject to being photographed and fingerprinted. These records are forwarded to the RCMP to be put into their criminal database and kept forever.

The Breathalyzer test is only one aspect of the offence against you. Before the results of these tests can be used against you, the police have to fulfill numerous conditions, most notably constitutional ones.

As well, the Breathalyzer is a machine. Just like a speed-measuring device, certain testing procedures must be proven.

If you had been drinking recently, you may have what is known as the "last drink defence" available to you. The offence is driving with a blood alcohol concentration in your blood at the time of driving, not just necessarily at the time of the breath testing!

Also, if you can prove through receipts, defence witnesses, etc that you only had a certain amount to drink, we can have you tested by a toxicologist. This provides "evidence to the contrary" as per the "Carter" decision.

Ontario Traffic Tickets are experts in the arrest and testing procedures. Our lawyers are experts in the possible constitutional and evidentiary issues.
OUR "TEAM" APPROACH RESULTS
IN UNBEATABLE RESULTS!

Driving over 80 charge does not mean you were impaired. What it means is the government has set a limit that you can have a blood/alcohol reading of up to 80mgs. If the police test you and you register over that limit, you may guilty of an offence.

The charge does not imply that you were intoxicated, just you were over the limit.

Although this is possible to happen, it is rare and usual. The crown attorneys have been directed not to reduce these charges and prosecute them fully.

This scenario usually only occurs with well prepared lawyers who can "chew up" hours, even days of valuable court time. By utilizing procedural motions, constitutional or disclosure issues, sometimes skilled lawyers can paint the prosecution into a corner where the most prudent course is to allow a plea to a traffic ticket.

After the three months have passed, and you are waiting your trial date, you can attend at the Ministry of Transportation office and apply to get your drivers licence back. You will be required to pay a reinstatement fee and will then have your licence returned to you. You can then drive till the trial date.

No, if you are convicted, your driver’s licence is under suspension throughout Canada. You are not allowed to drive under any circumstances. The penalty for driving while your licence is suspended is a further suspension, a fine and even jail.

This may not be a good idea. There maybe factors that should be considered before you do this. Discuss this issue with Ontario Traffic Tickets before contacting your insurance company.

If you review your insurance policy, you will find that if you use the vehicle in an unlawful manner, e.g. driving while under the influence, the insurance company will not repair or replace your car. For example if you “totaled” your car and have been arrested the insurance company is not going to give you anything for your vehicle. You may find that if you are found not guilty that your insurance company will then pay the cost of your vehicle. That alone may be worth the price of lawyer..

The case is never hopeless. There maybe issues in your case that you do not even realize. When your case is looked at by a trained professional one issue may jump out that could win your case. Pleading guilty will mean that you will automatically be subject to the penalties listed above.

If you look at the penalties there is very little to gain by pleading guilty to these charges. The judge may give you less of a financial penalty for the early plea of guilty

Our lawyers have over an eighty percent success rate. If there is any way to win your case, we will find it!

Consultation with one of Ontario Traffic Tickets former Breathalyzer Technicians or Detectives is always free. We will go over your case for you, show you what the issues are, and answer any questions that you may have.

Our lawyers are some of the most affordable in southern Ontario. They charge a flat rate and do not charge per day.

As these charges have serious long-term affects on you employment, insurance rates and livelihood, we caution against looking for bargain rate lawyers who are not specialists in this field. A small deposit is all it takes to get us working to win your case, and payment plans are available.

You get only get one chance to present your case, you need the best possible defence available.