Dumas Mehar Law
Areas of Practice
Driving Offences
TORONTO CRIMINAL LAWYER DEFENDING IMPAIRED DRIVING, OVER 80, AND REFUSE TO PROVIDE BREATH SAMPLE CHARGES
A conviction for Impaired driving, Over 80, or Refusing to Provide a Breath Sample can be extremely serious and costly. Not only does a conviction result in a criminal record, but these offences carry mandatory minimum penalties that include jail for second or third offences, and a minimum one year driving prohibition. What's more, there are many requirements that must be met in order to be eligible to have your license reinstated following a conviction, including completing an alcohol treatment program and installing an ignition interlock device installed in your vehicle.
Impaired Driving
The offence of impaired driving is committed if the driver's ability to drive is impaired to any degree by alcohol or a drug or by a combination of the two. Impaired driving charges can be laid even in the absence of a blood or breath test showing that the driver was over the legal limit. Evidence of impairment can be based on factors such as the driver's speech, coordination, and ability to pass a sobriety test.
Over 80
The offence of "Over 80" is committed if a person's blood alcohol level reaches 80 milligrams of alcohol per 100 millilitres of blood while operating a vehicle. The fact that the person does not appear to be impaired by alcohol in any way is not a defence to this charge.
Care and Control
Few people are aware that it is also an offence to simply have "care or control" of a motor vehicle while impaired by drug or alcohol, or while having a blood alcohol level of "over 80". This means that charges can be laid even if an impaired person simply sits in a car with the keys in their pocket. The criminal consequences and penalties for a conviction of impaired care or control are the same as impaired driving.
Refuse to Provide a Breath Sample
It is an offence to refuse to provide a breath sample when requested to do so by a police officer. As is the case with "care and control", a conviction for this offence results in the same criminal penalties as the offences of impaired driving and "over 80".
