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Impaired Driving and Over 80
The offences of impaired driving and over 80, also described as impaired operation of a motor vehicle and excess blood alcohol, are complicated and require legal assistance to defend. The many defences to drunk driving related charges are highly technical in nature.
Someone convicted of one of these offences in Ontario will have their driver’s licence suspended for at least one year and will frequently be prohibited by the judge from driving for one year. For many, this impacts significantly on one’s livelihood. A second conviction means at least 14 days in jail.
In Canada, you must comply with a proper roadside screening demand or approved instrument breath demand. However, that evidence may be excluded by a court later on if the police fail to comply with certain technical requirements under the Criminal Code of Canada or the Charter of Rights and Freedoms.
It is important to insist on the right to counsel at the police station. You should contact duty counsel or a lawyer right away. When a police officer advises that you have a right to counsel (meaning a lawyer) say "yes, I want to contact a lawyer immediately." Use that opportunity to consult with a lawyer of your choice or duty counsel. You should get immediate advice about your obligation to provide breath samples, your right in Ontario to refuse physical tests, and your right not to make any statement.
When released, it is important to immediately retain a lawyer to defend you. Take notes of everything that happened.
Once retained, a criminal law lawyer will seek disclosure from the Crown and police of all relevant evidence. He or she should carefully review these materials looking for technical defects. From there he or she will assess the strength of the Crown’s case and the likelihood of success of any defences.
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