Mississauga Criminal Lawyers Defending Impaired Driving Charges
An error in judgment while out with friends or celebrating can result in an impaired driving charge. It doesn’t mean that you’re a bad person – you just made a mistake. However, if you are charged with impaired driving you may face serious fines and penalties, drastically increased insurance rates, suspension of your license, loss of driving privileges, and, in some cases, jail time. This will have a serious impact on your personal life, your reputation, and your job prospects.
If you have been charged with an alcohol or drug-related driving offence, it is important to seek the advice of a knowledgeable criminal defence lawyer with experience handling such matters as soon as possible. While a DUI offence may seem like a straightforward issue, cases involving alcohol, drugs, and motor vehicles can get technical and can include complex matters like Charter arguments. The best lawyers to help you if you find yourself in such a situation are those who have represented hundreds of clients in similar situations before. They have the relevant knowledge and skill to maximize your defence.
Kas Marynick, acting in his capacity as of counsel* to Bader Law, has considerable experience representing clients in impaired driving and related offences. He has extensive criminal law and trial experience and relies on this experience to skillfully defend each of his clients.
Drunk Driving Offences
Across Canada, the maximum legal blood alcohol concentration (BAC) for fully licensed drivers is 0.08 (or 80 milligrams of alcohol in 100 milliliters of blood). In Ontario, drivers who are 21 or under, or new drivers of any age (i.e. those who have G1, G2 or M1, M2 licenses and have not yet gotten their full G or M license) cannot have any alcohol in their blood while driving.
There are three main types of offences related to drunk driving:
- “Over 80”;
- Impaired driving; and
- Refusal or failure to provide a breath sample or blood sample.
Over 80 Driving Offences
You can be charged with “over 80” where the results of a breathalyzer or a blood test show that you had more than 80 milligrams of alcohol per 100 milliliters of blood in your bloodstream while driving or operating another motor vehicle (such as a boat). In Ontario, you will also face serious consequences if your BAC is between 0.05 and 0.08 (this is known as the “warn range”).
Impaired Driving Offences
You can be charged with impaired driving without having to take breath or blood test. Situations that can lead to impaired driving charges include: an inability to pass a roadside sobriety test or the presence of alcohol or drugs in a car. Convictions for impaired driving have the same severe consequences as convictions for “over 80”.
Refusal or Failure to Provide a Breath Sample
If you refuse to provide a breath sample or blood sample when asked to do so by police, you may be criminally charged. Convictions for such charges carry the same penalties as convictions for “over 80” or impaired driving.
Potential Consequences of Drunk Driving
If the police determine that you are driving while impaired by alcohol or other drugs (including cannabis, illegal drugs, or prescription medication) you will face severe consequences immediately, as well as additional consequences if you are subsequently convicted.
If convicted, sentencing outcomes will vary depending on how old you are, what license type you hold, the amount of alcohol or drugs in your system, and how many times you have been previously convicted.
In addition to being criminally convicted, you may also be charged under the Highway Traffic Act and face additional suspensions and fines.
Drunk driving offences carry mandatory minimum penalties, which must be imposed if you are convicted. These are:
- $1,000 fine for a first offence;
- 30 days imprisonment for a second offence; and
- 120 days imprisonment for a third offence.
If you are convicted of driving under the influence, your license will be suspended for at least 12 months, and the suspension will remain in place until certain requirements are met including paying significant fines, going to rehab, and/or having an interlock device installed on your steering wheel.
Contact Bader Law in Mississauga if You Are Facing Driving Related Charges
If you have been charged with a driving-related offence, including “over 80”, impaired driving, or refusal to provide a breath or blood sample, contact Bader Law in Mississauga. Kas Marynick, of counsel to Bader Law, has considerable experience defending clients against all types of drunk driving and impaired driving charges. He has successfully defended clients against even the most serious charges and acquittal is always his goal. To discuss your matter in confidence with Kas, contact him by email or by telephone at (416) 735-1812.
*Note that Kas Marynick is an independent practitioner and not an employee of Bader Law.