In Ontario, Driving Under the Influence (DUI)—legally called impaired driving—refers to operating a motor vehicle while a person’s ability to drive is impaired by alcohol, drugs, or a combination of both, or while the driver’s blood alcohol concentration (BAC) or blood-drug concentration (BDC) exceeds legal limits.
Impaired driving laws are governed primarily by the Criminal Code of Canada, which applies nationwide, while Ontario adds administrative penalties through the Highway Traffic Act.
A person may be charged with impaired driving in several situations:
First, if their ability to operate a vehicle is impaired to any degree, even slightly, due to alcohol or drugs.
Second, if they exceed prohibited concentration levels, such as a BAC of 80 mg of alcohol per 100 ml of blood (0.08) or specific drug limits, including THC thresholds.
Third, “over 80” or “80 and over” charges can be laid even if the driver does not show visible signs of impairment. Refusing or failing to provide a breath or blood sample when lawfully demanded is also a criminal offence equivalent to impaired driving.
Adana stresses that is it critical that you DO provide a sample, as failure to provide a sample can bring even more serious charges and consequences.
On that note, consequences for a DUI conviction are significant and increase with prior offences, presence of injuries, or aggravating factors. Penalties can include mandatory fines, jail, driving prohibitions, ignition interlock requirements, mandatory education or treatment programs, and a permanent criminal record. Ontario also imposes immediate roadside suspensions, vehicle impoundment, and administrative monetary penalties, even if the person is later acquitted.
To secure a conviction, the Crown must prove impairment, prohibited concentration levels, or refusal beyond a reasonable doubt. Common defences may involve challenging the legality of the traffic stop, accuracy of breath-testing procedures, Charter rights violations, or proving the driver was not impaired at the time of operation.
To be clear, a DUI is a serious criminal charge. Some clients call and feel that it's not a big deal. You need an advocate that can reduce these charges to something that will allow you to get back to your life.
Adana has a long record of getting these charges addressed with positive outcomes for her clients.