Defending Impaired Driving Charges:

Question: What happens after a conviction for impaired driving (including an over 80 charge, refusal of a breath sample, or cannabis impairment) in Ontario, and who can help protect your driving record and avoid the worst penalties?

Answer:   If you are facing an impaired driving charge under the Criminal Code of Canada, White Law PC can help Ontario drivers understand the immediate and mandatory consequences (including a 90-day immediate licence suspension on conviction, at least a 1-year driving prohibition, fines from $1,000, and potential interlock device and Back on Track Program requirements) and build a defence around the facts, police evidence, and any test issues.  Call Lawyer (519) 941-9440 at White Law PC for a free 15-minute consult and next-step guidance, including what to expect with police detention and demands for breath, saliva, or bodily samples in cannabis cases.

Impaired driving, including offenses such as driving with over eighty (80 mg) milligrams of alcohol, refusal to provide a breath sample, and driving impaired by cannabis, are all serious offenses under the Criminal Code of Canada.  These laws aim to ensure public safety on roads by imposing strict penalties on offenders.

Consequences of a Conviction

Being convicted under the Criminal Code's impaired driving provisions has immediate and mandatory repercussions.  Firstly, a driver's license is suspended for ninety days immediately upon conviction.  Further legal consequences include:

• A minimum one-year loss of driving privileges.
• A mandatory fine starting from one thousand dollars.
• In cases of prior offenses, a mandatory prison sentence and extended license revocation period.
• Requirement to install an interlock device and participation in the Back on Track Program by the Ministry of Transportation (MTO).
• Significant increase in insurance premiums, potentially up to six times the current rate for the next five to seven years.

Enhanced Police Powers in Impaired Driving Cases

The Criminal Code grants police officers expanded powers in cases of impaired driving.  This includes broader authority for detention, arrest, and search and seizure operations without a warrant.  Police can demand breath samples to measure blood alcohol levels using specialized detection instruments.

Cannabis Impairment and Legal Implications

Recent amendments to the Criminal Code address cannabis impairment.  Law enforcement now has the authority to:

• Demand saliva samples for THC concentration screening.
• Require the performance of physical sobriety tests.
• Request blood or urine samples for detailed analysis.

Impairment by cannabis is treated as a criminal offense, akin to alcohol-impaired driving, with similar penalties including a minimum one-year driving prohibition.

The Importance of Legal Representation

In such complex legal matters, engaging with a lawyer who has focused knowledge and experience in impaired driving cases is crucial.  A proficient legal professional, with an extensive background in defending these offenses, is equipped to identify pertinent issues and navigate a successful defense strategy at trial.