(647) 224-7779 barrister@lbelaw.com

Impaired Driving

LBE Has Been Winning Cases Since 1989!

Impaired Driving Lawyer, Newmarket, Toronto

What is impaired driving? Impaired Driving, Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) is an offence referring to the operation of a motor vehicle while one’s faculties are impaired by one or more alcoholic substances, drugs, or a combination of the two. 

The Criminal Code of Canada views this offence gravely, with penalties ranging from a mandatory minimum fine to life imprisonment based on the severity of the situation. 

If serious injuries have ensured from this offence, the charges may be upgraded to Impaired Driving Causing Bodily Harm or Impaired Driving Causing Death. A summary conviction includes a 2-year sentence and an indictment includes a 14-year sentence. 

 

 

Winning Cases Since 1989

How long does impaired driving stay on your record? Aside from the obvious risks, it’s important to steer clear of these offences as a conviction will remain in the police database forever. However, you can apply for a record suspension and have one granted to you if you meet the eligibility criteria. 

If approved for a suspension, your record will be unavailable to employer inquiries. Bear in mind that you may only apply for a record suspension at least 5 years after the offence. 

Additionally, your insurance rates will be quite expensive for at least 3 years from the date of the conviction. 

Is it worth getting a lawyer for a DUI? The answer is always yes! If you or a loved one have been charged with an impaired driving offence, contact an impaired driving lawyer immediately. My name is Lawrence Ben-Eliezer and I have a wealth of experience in criminal defence law. 

Using the knowledge I’ve gleaned through conducting countless trials in the Ontario Court of Justice and Superior Court of Justice, I will try my best to strengthen your defence, prevent a license suspension and improve your chances of an acquittal. 

Don’t panic. Call me at (647) 224-7779 or email me at barrister@lbelaw.com and let’s sort through this together.

Permitted BAC and THC Levels

The law prohibits a person from getting behind the wheel within 2 hours of consuming an alcohol, drug or a combination of the two, if these cross over the prohibited levels. 

ALCOHOL

Drivers should not have 80 milligrams or more of alcohol per 100 millilitres of blood. The penalties of this offence are as follows;

First offence: $1,000 mandatory minimum fine with a maximum of 10 years behind bars

Second offence: A mandatory minimum of 30 days behind bars and a maximum of 10 years in prison

Third and following offences: A mandatory minimum of 120 days behind bars and a maximum of 10 years in prison

CANNABIS

THC is the primary psychoactive ingredient. Drivers who are found to have between 2 to 5 nanograms of THC per millilitre of blood will be subject to a maximum fine of $1,000. 

Drivers who are found to have 5 nanograms of THC or more per millilitre of blood will be subject to penalties as follows;

First offence: $1,000 mandatory minimum fine 

Second offence: A mandatory minimum of 30 days behind bars 

Third and following offences: A mandatory minimum of 120 days behind bars 

ALCOHOL + CANNABIS

Drivers who are found to have 2.5 nanograms or more of THC per millilitre of blood + 50 milligrams of alcohol per 100 millilitres of blood will face penalties as follows;

First offence: $1,000 mandatory minimum fine 

Second offence: A mandatory minimum of 30 days behind bars 

Third and following offences: A mandatory minimum of 120 days behind bars 

OTHER DRUGS

If the driver has a traceable amount of psilocybin, LSD, psilocin, ketamine, cocaine, PCP, 6-mam, methamphetamine in their system within 2 hours of driving, they will also face a criminal charge, with penalties varying based on the quantity consumed and level of impairment.

Sobriety Tests

In most cases, the police do not need to have sufficient grounds to suspect that a driver is impaired in order to stop them and request a roadside test for impairment. In fact, the law emboldens them to conduct these at random. If you refuse to comply with the police request, you may be subjected to a minimum $2,000 fine and a 1-year driving prohibition for a first offence. There are 3 roadside sobriety tests in place to test for impairment;

 

  1. Standard Field Sobriety Test (SFST)

The police may request you to exit your vehicle and perform a set of physical tests such as walking in a straight line, standing still, turning or standing on one leg. 

  1. Breath Test

The breath screening test allows the police to gauge the amount of alcohol per 100 millilitres of blood. Drivers who are stopped for other reasons such as a traffic violation may also be asked to take this test. 

  1. Saliva Test

In order to demand an oral sample, the police do have to have reasonable grounds to suspect impairment. Reasonable grounds consist of erratically moving in and out of lanes, following other vehicles too closely, displaying muscle tremors, red eyes or odd speech patterns. 

If the driver does not pass these roadside tests, they may be arrested and escorted to the station or a medical facility for further testing. Bear in mind that in such a circumstance, you are NOT obligated to comply with further testing without FIRST contacting a lawyer. 

DUI attorneys in Toronto and Newmarket like myself have a thorough understanding of the system and can help you navigate the laws, standards and requirements of your case. Remember, knowledge is power. This can make all the difference when it comes to minimizing a sentence or avoiding a fine. 

A conviction could lead to annoying personal and professional consequences – some of which may follow you for life. Don’t take this unnecessary chance!

I am a thorough, affordable and reliable criminal defence lawyer, practicing in Toronto and Newmarket. Rest assured, I will navigate you through the complexities of the legal system and try my best to get you cleared of all charges. 

Time is of the essence.

Contact me today at (647) 224-7779 and let me help you walk away with your reputation intact.