DUI/IMPAIRED DRIVING CHARGES ARE CONTESTED AND WON EVERYDAY IN THE COURTS OF ONTARIO.
- The outcome of every DUI and/or Impaired Driving Case depends on the particular facts of each case.
- These cases can be very technical and the smallest mistake can result in an acquittal.
- Your DUI/Impaired Driving Case needs to be analyzed by an expert criminal lawyer to provide advice as to whether you should fight your case or not.
Working with Zamani Law DWI & DUI Lawyers
Zamani Law has extensive experience successfully defending all types of impaired driving charges. We carefully scrutinize every aspect of your case to give you the best opportunity to win. We have a team of experts including accident re-construction experts and toxicologists on retainer to provide the necessary analysis for each and every case.
The law is easily stated but complicated in practice. The test for impaired driving was set out by the Supreme Court of Canada in R. v. Stellato. Simply put, slight impairment of a person’s ability to drive is sufficient to support a conviction. However, proof of impairment beyond a reasonable doubt is not always straightforward. In many cases there is no objective evidence of impairment or there is a viable explanation of the physical indicia observed.
Impaired Driving and Over 80 Charges are the Canadian Equivalent of the American Terms DWI (Driving While Intoxicated) and DUI (Drive Under the Influence)
IMPAIRED DRIVING = DWI
OVER 80 = DUI
Impaired drivng (by drug or alcohol) relates to a person’s physical ability to operate a motor vehicle or vessel. Slight impairment of a person’s ability to operate a vehicle (or vessel) is sufficient to constitute the offence. However, proof of impairment is often not readily apparent and can be difficult to prove. In accident cases, the physical consequences of the accident are often consistent with normal signs of impairment making proof beyond reasonable doubt extremely difficult. The simple odour of alcohol by itself does not support a conviction for impaired driving.
Over 80 is an arbitrary level of alcohol that the government has deemed unacceptable when operating a motor vehicle. Many individuals exhibit no signs of impairment with alcohol levels above 80.
There are a number of various consequences. For a brief, but not complete summary:
- FINE PLUS VICTIM FINE SURCHARGE
- LICENCE SUSPENSION
- CRIMINAL RECORD
- HIGH INSURANCE RATES (AND NO COVERAGE FOR PROPERTY LOSS)
- INTERLOCK DEVICE INSTALLATION
- BACK ON TRACK COURSE
- EMPLOYMENT AND POSSIBLE TRAVEL RESTRICTIONS
There are numerous ways that the readings can be excluded from evidence ranging from illegal stop by police, illegal search issues, improper use of a breathalyzer instrument, improper timing of the breath tests to the taking a video of an accused urinating behind the doors of the bathroom facilities. There are far too many possible issues to list but the answer to the question is that it is possible to win even if you blew over 80 and again each case turns on its own facts.