Commonly held myths intrigue most people because there’s the possibility — however slim — that there might be some truth to them.
Maybe there is a species of furry humanoid-creatures called “Sasquatch” furtively roaming the deep woods of the Northwest, as well as their “Yeti” cousins in the Himalayan Mountains?
Perhaps the last vestige of the Jurassic dinosaur era still lives by the name of “Nessie” in a Scottish lake?
And what of all those “UFO” sightings which have been stimulating our imaginations about alien beings from other worlds since at least the late 1940s? This modern mythology has garnered significant renewed interest with recent U.S. government releases of its files on the phenomenon.
There are numerous other, more mundane, myths which have been repeated for so long that many people accept them as articles of truth, despite their lack of veracity. Just consider these false “facts:”
Speaking of alcohol, the DUI criminal defence lawyers of Toronto’s Mass Tsang law firm will tell you that their clients tend to believe assorted myths about intoxication and impaired driving in Canada. Let’s review the eight misconceptions impaired driving clients tend to raise with our lawyers so that we can help debunk these DUI-related myths.
Note: DUI myths can lead to risky choices. This article should be read as general legal information, not as a substitute for legal advice about a specific charge or police interaction.
| Myth | Legal / Practical Reality |
|---|---|
| One drink per hour keeps me safe or under the legal BAC limit | Metabolism varies widely, and the article notes that many people process alcohol more slowly than this myth assumes. |
| Beer and wine are less intoxicating than hard spirits | Standard servings of beer, wine, and spirits contain roughly equivalent alcohol amounts. |
| Sleeping it off always makes driving safe the next morning | Sleep does not speed up alcohol metabolism, and BAC may remain elevated the next morning. |
| Coffee, showers, food, fresh air, water, or energy drinks sober me up | Only time lowers BAC; these methods may only make someone feel more alert. |
| Police must personally see me driving to charge me | Police may investigate based on other evidence of recent impaired driving or care and control. |
| Staying below 0.08% means I cannot face DUI consequences | Police may still rely on evidence of impairment, and Ontario has administrative consequences at lower BAC levels. |
| Refusing a breathalyzer is safer if I think I will fail | Refusal or failure to comply is generally easier to prove and carries serious penalties. |
| A first-time DUI does not require a lawyer | A first DUI can still create severe criminal, licensing, insurance, employment, travel, and record consequences. |
Common myth or assumption
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Decision to drive after drinking
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Police stop, report, or roadside investigation
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SFST, screening, breath demand, or refusal issue
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Potential criminal or administrative consequences
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Defence review of evidence and police procedure
“ Many DUI cases begin with a misunderstanding of what the law actually requires. Drivers should not rely on drinking rules, myths, or assumptions when deciding whether it is safe to drive.”
— Jeff Mass , Co-Founder, Mass Tsang LLP
Metabolic rates vary widely among people, and there is no consumption standard applicable to everyone. That said, the average 150-pound male tends to metabolize alcohol at a rate of only about one standard-size drink every two hours. Thus, this belief might hold alcohol — ahem, “water” — if adhered to with a rate of “one drink per two hours.”
Nope! Twelve ounces of 5% beer, five ounces of 12% wine, and 1.5 ounces of 40% spirits carry roughly equivalent amounts of alcohol that affect blood-alcohol concentrations (BACs) in a similar fashion.
| Drink Type | Standard Serving Mentioned in the Article | Key Point |
|---|---|---|
| Beer | 12 ounces of 5% beer | Roughly equivalent alcohol content to a standard glass of wine or shot of spirits |
| Wine | 5 ounces of 12% wine | Can affect BAC similarly to other standard drinks |
| Spirits | 1.5 ounces of 40% spirits | Not automatically more intoxicating than a standard beer or wine serving |
Sleep will not accelerate your metabolic rate or the decrease of your BAC levels. Thus, if you consumed significant amounts of alcohol the night before, your BAC levels could still be elevated above the legal threshold the next morning. You might not feel drunk the next morning, but your BAC might indicate otherwise.
Because your liver processes alcohol at a relatively fixed rate, only time reduces BAC levels. A cold shower, coffee, food, water, energy drinks, and other alleged sober-up-quick tricks can make you feel less inebriated and more alert, but you’ll still be impaired, and what the police often call a “wide-awake drunk.”
| Common “Sober-Up” Method | What It May Do | What It Does Not Do |
|---|---|---|
| Coffee or energy drinks | May make a person feel more alert | Does not reduce BAC or eliminate impairment |
| Cold shower or fresh air | May temporarily increase alertness | Does not speed alcohol metabolism |
| Food or water | May reduce discomfort or dehydration | Does not quickly reverse impairment |
| Sleep | Allows time to pass | Does not accelerate the liver’s fixed processing rate |
The police can investigate anyone for potential DUI based on any evidence suggesting that they have driven while impaired during the preceding two hours. Thus, the police could show up at your home and demand you submit to Standardized Field Sobriety Testing or roadside breath screening based on a report that you’d been observed driving erratically over the previous hour. Additionally, if police find you apparently impaired in a parked vehicle, they can charge you with “care and control” DUI even if the keys are not in the ignition. This impaired driving charge legally presumes that an impaired driver was in a position in which they could have put the vehicle in motion, with their impairment representing an imminent threat to the public.
Even if you fail to exceed 0.08% during breathalyzer testing, the police retain the option of charging you with DUI based on other evidence pointing to obvious impaired driving. If nothing else, Ontario Police can charge you with a provincial administrative DUI based on BAC levels between 0.05%-0.079%. While not a criminal offence, this charge is penalized with license suspensions, vehicle impoundments, and stiff fines.
Generally, experienced Ontario DUI defence lawyers would advise all clients to comply with police demands to undergo roadside breath screening, Standardized Field Sobriety Testing, and breathalyzer testing. Refusing to comply with or otherwise failing to complete the procedures is typically easier for the Crown to prove in DUI cases than standard DUI charges and carries the same penalties upon conviction.
| Issue | Why It Matters |
|---|---|
| Roadside breath screening | May provide grounds for further investigation and arrest. |
| Standardized Field Sobriety Testing | Can be used to assess signs of impairment and may support DUI allegations. |
| Breathalyzer testing | Can provide formal BAC evidence after arrest. |
| Refusal or failure to comply | Can create a separate criminal offence that carries serious penalties. |
“ Refusing a breath demand is not a shortcut around an impaired driving charge. In many cases, it creates a separate criminal allegation with serious consequences.”
— Robbie Tsang , Co-Founder, Mass Tsang LLP
This myth seems to be based on any one or all of three lines of faulty thinking:
Hiring a skilled DUI criminal defence lawyer offers the best chances of securing a favourable outcome in DUI cases. Impaired driving laws are complex, and a competent defence lawyer can be instrumental in navigating through the legal procedure and identifying potential weaknesses in the Crown’s evidence and/or police procedural mistakes they often inadvertently make. Skilled defence lawyers are also highly adept at negotiating with the Crown to secure positive outcomes that avoid a criminal record, and at successfully disputing the charges when Crown lawyers decide to proceed to trial.
“ The best legal outcome starts with understanding the evidence, the police procedure, and whether the Crown can actually prove the charge.”
— Jeff Mass , Co-Founder, Mass Tsang LLP
With 1,000-plus successful outcomes secured for their Greater Toronto Area impaired-driving clients, the criminal defence lawyers of Mass Tsang stand ready to help you resolve your DUI charges. To schedule your free consultation, contact us today.
Legal Disclaimer: This article is for general information only and does not constitute legal advice. Anyone charged with impaired driving should speak with a criminal defence lawyer about their specific circumstances.
No. One’s tolerance for alcohol affects how noticeable impairment feels and often makes one feel less impaired. However, even if you feel sober, it will still affect your reaction time, coordination, attention, and judgment. Oh, and one’s tolerance has no effect on BAC levels.
Nope. As a central nervous system depressant, even small amounts can slow reflexes, impair judgment, affect vision, and increase the risk of an accident, motor vehicle or otherwise.
Calculating suspected BAC levels with formulas, personal breathalyzers and apps may help a person estimate BAC levels, but these tools are generally imprecise because they don’t account for individual impairment factors like metabolism, and BAC levels that continue to rise after one’s last drink. Additionally, they are generally not accepted as evidence in court.
Yes. The Criminal Code applies impaired driving charges to any form of motor vehicle operation, no matter where it occurs.
