- Charges: Over 80
- Strategy: Seek exclusion of evidence based on violating the client’s constitutional rights under s. 8 and 9 of the Charter of Rights.
- Result: Application successful. Charges dismissed.
Operating a vehicle under the influence of alcohol or drugs is a serious offence in Canada. It carries significant consequences that can profoundly affect your life, freedom, and future. If facing charges for impaired driving or DUI, swift action is crucial. To safeguard your interests, enlist the expertise of a seasoned DUI lawyer. A proficient Toronto DUI lawyer is well-versed in the potential case complexities, ensuring you avoid costly missteps.
Impaired driving or DUI (driving under the influence) is considered a criminal offence when a person operates a motor vehicle while their ability to do so is impaired by alcohol or drugs, or when their blood alcohol concentration (BAC) reaches or exceeds the legal limit of 0.08%.
Impaired driving is not limited to cars, trucks or motorcycles. It can also apply to boats, snowmobiles, ATVs or any other motorized vehicle.
Impaired driving charges can result in serious penalties. Here's a summary of the minimum court-imposed penalties for 1st, 2nd, and 3rd convictions.
“Over 80” is a term that refers to having a BAC at or over 0.08% while operating a motor vehicle. This is a separate offence from impaired driving, and you can be charged with both offences if you are found to be both impaired and having a BAC that exceeds the legal limit.
For a first offence, the mandatory minimum penalty for an“Over 80” conviction depends on the driver’s BAC level:
For second and and third offences, the mandatory minimum penalties for an Over 80 conviction are the same as for impaired driving:
However, if you cause an accident that results in bodily harm while having a BAC over the legal limit, beyond the minimum penalties, you can face harsher penalties, including a maximum of 14 years imprisonment where the Crown proceeds by indictment or 2 years where the proceeding is summarily. Where death results, the maximum term of imprisonment is life.
Refusing to comply with a demand from a police officer to provide a breath or blood sample is also a criminal offence that carries the following penalties:
If you're facing impaired driving allegations in Toronto or the Greater Toronto Area (GTA), you need the expertise and commitment of an accomplished impaired driving lawyer who will vigorously defend your rights and best interests.
Fedorowicz Criminal Law, led by Richard Fedorowicz, boasts over 20 years of expertise in dealing with impaired driving cases. With a deep understanding of the legal landscape, Richard is adept at securing the optimal outcome for his clients.
He provides an array of valuable legal services that encompass:
DUI charges in Toronto can be complex, and your ability to mount a defence may depend on the unique circumstances of your case. Richard Fedorowicz, an experienced DUI lawyer in Toronto, can employ a range of potential defences on your behalf.
Don't let an impaired driving charge define your future. Reach out to Richard now for assistance.
Richard Fedorowicz is dedicated to protecting your rights and fighting for your freedom. Fedorowicz Criminal Law has a proven track record of success in handling a wide range of criminal charges and providing the best criminal defence legal services.Contact Us
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