Impaired Driving Defence
Care and control of a motor vehicle with a breath blood alcohol level of over 80.
DUI is actually an American legal term for Driving Under the Influence. In Canada the name of the driving/alcohol offences under the Criminal Code is actually Over .80 (or formally known as driving with a breath/blood alcohol level of over .80) and or Driving while Impaired. If you have been charged with Over .80 and or Impaired Driving/ Refusal to give a breath sample, It is in your best interest to contact a lawyer experienced in this area of the Law like Jeffrey I. Reisman, whom can spot the issues and challenge the Crown if there are issues that can be challenged.
Over .80 and Impaired driving are both driving while on alcohol or drug related offences. You will be charged with this offense if police feel like you are impaired or if they believe they have enough reasonable and probable ground to request a breath sample into an ASD- Approved Screening Device. If your breath into the device registers a fail then the police will initiate an arrest and transport you to the police station where they will request another 2 breath samples. Jeffrey I. Reisman is familiar with the proper procedures that the police must follow to safe guard your Constitutional rights and if those are violated can work to getting your case a Not Guilty.
Most common motor vehicle offences under the Criminal Code, in Toronto are Driving with a breath blood alcohol level of over .80 (over .80), Driving while Impaired, Refusal to give a breath sample, Reckless Driving, Careless Driving, Drive While Disqualified, Racing, Fail to Remain.
At the Law Offices of Jeffrey I. Reisman, we know, no two cases are alike. Each client receives a customized evaluation where we determine the best case strategy. Our objective is to facilitate a defence that lets you keep your license and keep you out of jail.
What are you facing if Convicted
If you have been charged with over .80/ Impaired driving/ or Refusal to give a breath sample, you can be convicted of the following:
- First Offence: minimum fine of $1000; minimum one-year license suspension (can be less if alcohol ignition-interlock device is installed and is available in your province).
- Second Offence Minimum jail sentence of 30 days; minimum two-year license suspension (can be less if alcohol ignition interlock device and is available in your province
Minimum jail sentence of 120 days; minimum three-year license suspension. (In Ontario, a lifetime suspension can be enforced under certain circumstances).
Fourth offences and alcohol levels that are twice the legal limit will incur more serious charges and increase your chances of jail time and permanent suspension.
You should also consider car impoundment and increases in insurance premiums as possible penalties resulting from over .80/ Impaired Driving/ Refusal charges.
You need someone who will advocate for you, protecting your rights. Having a legal representative is your best chance at avoiding serious charges and minimizing the negative effects of an alcohol related charge.
Contact Jeffrey Reisman directly at 647.351.HELP or 647.351.4357