Impaired Driving in Toronto is a Criminal Offence

Toronto-area residents are often surprised to find out that impaired driving is considered a “criminal” offence. In fact, impaired driving offences represent the most litigated criminal cases in Toronto. No matter what name it’s given—driving while impaired, driving under the influence, driving while intoxicated, driving while high, drunk driving, DUI, and DWI—if you are arrested for an impaired driving-related offence in Ontario, you will be charged under the criminal code, and thus be subject to its harsh penalties.

And these penalties go far beyond just a fine and temporary loss of your driving privileges. Not only does a first-time impaired driving conviction result in the one-year loss of your driving privileges, but also includes hefty fines and administrative fees, big hikes to your insurance premiums, and mandatory enrollment—at your expense—in alcohol school and in the post-licence-suspension ignition interlock program. Subsequent convictions result in tougher penalties including jail time. Other factors relating to the DUI charges, such as an accident, high breath sample readings, or reckless driving can lead to additional penalties well above the minimum sentence mandates. And, much like other criminal convictions, an impaired driving conviction can affect your job, future employment opportunities, and international travel.

Impaired Driving Charges in Ontario

If you are arrested for an impaired driving-related offence in Toronto or anywhere in Ontario, you will likely be facing any of the following charges:

• Over 80 mg — This charge is laid when the driver has a blood alcohol content (BAC) level of over 80 milligrams of alcohol for every 100 milliliters of blood, as determined by a breathalyzer or other approved screening device. A police officer who demands that a person submit to a BAC screening must have reasonable and probable grounds that the accused person’s ability to operate a motor vehicle was compromised to some extent by either alcohol or drugs.
• Impaired Driving — This charge is made in the absence of a breath or blood alcohol test reading, when a police officer believes that he can prove that the driver was unable to operate a motor vehicle because of impairment by alcohol or drugs. An officer can lay this charge if a driver is driving erratically, has slurred speech, lacks motor skills, and/or displays unsteadiness while on their feet. With these charges the onus is on the charging officer and prosecutor to prove that the driver’s ability to operate a motor vehicle was impaired to some extent by alcohol or drug use.
• Refuse a Breathalyzer or Blood Sample — This charge is generally used when a person suspected of impaired driving refuses to provide a breath or blood sample to a police officer. The charge can also be made when the provided sample is not deemed sufficient for the officer’s investigation.
• Care and Control — You can be charged with impaired driving even if you were not actually driving a motor vehicle. Under such a charge, a police officer will try to prove that you had care and control of a motor vehicle while impaired, with a presumption that you also had such control while actually operating the motor vehicle.
• Underage Impaired Driving — in Toronto and other Ontario jurisdictions, there is zero tolerance for the semblance of any impairment by teenage drivers. Thus, teenage drivers face a lower threshold of evidentiary proof to bring about any of the above charges.

Impaired Driving Penalties in Toronto

Ontario’s criminal code is very specific about dictating minimum penalties judges have to impose on those convicted of impaired driving. These penalties are bad enough, but the financial impacts go far beyond the mandatory minimum $1,000 fine for a first-time offence. Not only will your insurance premiums go through the roof once you resume driving, but you’ll probably end up paying at least another $1,000 relating to fees for alcohol school, the ignition interlock program, and licence reinstatement.

To recap, minimum court-ordered penalties for a first-time conviction include:

• $1,000 fine.
• one-year driver’s license suspension.
• enrollment in an alcohol education course.
• one-year enrollment in the ignition interlock program after license reinstatement.

Minimum penalties for a second-time conviction:

• Three-year license suspension.
• 30 days in jail.
• Fine at the judge’s discretion.
• Three-year enrollment in the ignition interlock program after license reinstatement.

Minimum penalties for third and subsequent convictions:

• 10-year to lifetime license suspension.
• Fine at the judge’s discretion
• 120 days in jail.
• Lifetime enrollment in ignition interlock program if the license is ever reinstated.

Combine all of the above with the other financial impacts, as well as the potential negative influence an impaired driving conviction will have on your reputation, employment, and ability to travel, and the need to consult with an expert impaired driving lawyer should be clear. A skilled criminal DUI lawyer in Toronto has a full understanding of the highly complex and technical parameters of Ontario’s impaired driving laws in the criminal code and will be able to mount a defence tailored to your specific circumstances. Mass Tsang’s team of criminal defence impaired driving lawyers are fully attuned to the life-altering consequences of an impaired driving conviction, and ready to mount a vigorous defence against the charges brought against you in an effort to ensure that one mistake will not affect your life or ruin your reputation.

Mass Tsang Lawyers Impaired Driving Defence

There are a variety of defences that can be mounted to fight impaired driving charges depending upon your unique circumstances. They include:

• Exclusion of evidence as a result of the police officer violating your Charter protected rights.
• Challenging technical aspects of the breathalyzer and/or breath or blood testing procedure.
• Challenging the police officer’s reasons for obtaining a breath sample.
• Challenging the police officer’s subjective judgement regarding impairment.
• And other challenges that may be available depending upon the circumstances of your arrest.

We highly recommend that you consult with one of our firm’s Toronto-based impaired driving lawyers regarding the best defense for your impaired driving charge. You have every right to seek consultation upon your arrest and our DUI lawyers stand ready to help with any situation.

Contact Our Toronto Criminal Defence Impaired Driving Lawyers

To receive expert advice and defence for your impaired driving arrest, or for skilled defence against other criminal charges, book a free consultation with Mass Tsang LLP at 416-907-4097 or visit our website HERE. With more than 20 years of experience, our team of criminal defence lawyers provides service to clients in Toronto, North York, Richmond Hill, Mississauga, Brampton, Vaughan and all of greater Toronto.