DRINKING & DRIVING

If you are caught drinking and driving, there are serious consequences you could face, and those consequences could affect you for the rest of your life.

Having a good lawyer on your side is extremely beneficial. When you retain a criminal defense lawyer, you will have representation from someone who fully understands the law as it pertains to drinking and driving, including technical defenses that may be available to you, such as the laws pertaining to the police use of an intoxilyzer.

Drinking Charges

There are various types of drinking and driving charges that you could face, including:

  • Driving with more than 80mgs of Alcohol in 100ml of Blood (chemical impairment)
  • Impaired Driving (Physical Impairment)
  • Having Care or Control of Vehicle while Impaired or Over 80
  • Operating or having Care or Control of Vessel (boat) while either Over 80 or Impaired
  • Refusal to provide a breath sample when demanded to do so
  • and more…

Even if this is your first offense, there can be serious implications that lead to a criminal conviction when you are charged with drinking and driving.
The Ontario Government website provides additional information on the penalties imposed by the Ministry of Transportation.

If you are required to drive as a part of your employment, you are at risk of losing your job because all convictions require your license to be suspended. Some convictions carry more severe punishments, including time in jail, high fines, and longer license suspension timeframes.

Due to the new provincial legislation, a first-time offender, may have the mandatory minimum of one year driver’s license suspension shortened.

Types of Defense Strategies:

A lawyer could take one of many defense stances, including:

  • Mistaken Identity – Often times, prosecutors are unable to prove who the actual driver was.
  • Reasonable and Probable Grounds – Prosecutors have to establish a solid reason as to why a breathalyzer demand was made.
  • Right to Legal Representation – Everyone is entitled to speak with a lawyer before a sample of their breath is taken into an intoxilyzer.
  • Technical Issues – The prosecutor needs to present their evidence in full compliance with the Criminal Code of Canada.

Remember that drinking and driving is a serious crime, and every charge should be taken seriously. Consult with the Law Office of Kalina & Tejpal immediately, and we will help you develop a defense strategy before your driving, and criminal record is impacted.

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