Ontario Drinking and Driving Offences: Three Possible Charges

OTTAWA CRIMINAL DEFENCE LAWYER – “Impaired Driving” is a term used frequently on this blog, but it’s actually just one of several charges that can be laid against you when you’re suspected of driving under the influence. The other two are driving “over 80,” and refusing to provide a breath sample.

These charges are distinct from one another – although police can and do lay more than one if the circumstances call for it.

  1. Impaired Driving

Criminal Code of Canada Section 253(A)

Police lay Impaired Driving charges against individuals who show evidence of inebriation (e.g. slurring of speech, bad driving, or lack of balance) while in control of a vehicle. This charge can be laid whether or not there was a breath test prior to the arrest.

  1. “Over 80”

Criminal Code of Canada Section 253(B)

You’ll only be faced with an “Over 80” charge if you took a breathalyzer test and blew over the legal limit, which is 80 milligrams of alcohol per 100 milliliters of blood – hence the title, “Over 80.”

  1. Refusing to Provide a Breath Sample

Criminal Code of Canada Section 254(5)

A Refusal of Sample charge is laid when a police officer demands that you take a breathalyzer test – either on the roadside or at the police station – and you refuse to do so.

As we enter this year’s holiday season, Ontario’s drivers will once again be subject to RIDE tests and other roadside screenings. Make sure you understand your charges if you’re arrested for a DUI.

If you’ve already been charged with a driving offence in Ontario, it’s important to get advice from an experienced criminal defence lawyer. For more information, contact the Ottawa criminal defence lawyers at Auger Hollingsworth by email [email protected] or by phone at (613) 233-4529.

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