Getting arrested for impaired driving charges is a frightening experience, especially for first-time offenders. Failing to act immediately can result in you losing your case at trial and you might be subjected to the maximum punishment for your impaired driving charges.
It is always advisable to contact an experienced impaired driving lawyer when one is in such a situation. Speed is of essence if a good defence on behalf of the accused is to be planned. We employ a team of investigators that gather evidence first-hand to evaluate whether the charter rights of the accused have been honored. Our defence lies on utilizing this evidence at trial as well as cross examinating the Crown witnesses.
Penalties for impaired driving
If police determine that you are driving while impaired you will face penalties immediately. You will also face additional consequences later if you are convicted in court. The penalties you face can vary depending on your age, licence type, the amount of alcohol or drugs in your system, and how many times you have been convicted.
Penalties for a BAC in the Warn Range, Failing a Standardized Field Sobriety Test or Violating Zero Tolerance
If your blood alcohol concentration is 0.05 or higher, you fail a roadside sobriety test or you violate the zero tolerance requirements for young, novice and commercial drivers that begin on July 1, you will face:
- 3-day licence suspension. This cannot be appealed.
- $250 penalty
Second offence within 5 years
- 7-day licence suspension (3-day suspension for commercial drivers). This cannot be appealed.
- $350 penalty
- You must attend a mandatory education program (for a second occurrence within 10 years)
Third and subsequent offences within 5 years
- 30-day licence suspension (3-day suspension for commercial drivers). This cannot be appealed.
- $450 penalty
- You must attend a mandatory treatment program (for third and subsequent offence within 10 years)
- You will be required to use an ignition interlock device for at least six months (for third and subsequent offence within 10 years)
- You will need to undergo a mandatory medical evaluation to determine whether you meet the requirements for driving in Ontario (for fourth and subsequent offence within 10 years).
In addition to the penalties above, you will also face a $275 licence reinstatement fee each time your licence is suspended. Young or novice drivers may also be charged under the Highway Traffic Act and if convicted, you will face an additional suspension and fine.
Penalties for a BAC Over the Legal Limit, Refuse Testing or Impairment
If you refuse to take a drug or alcohol test, you register a BAC over 0.08 or if a drug recognition evaluator determines that you are impaired, you will face:
- 90-day licence suspension
- 7-day vehicle impoundment
- $550 penalty
- $275 licence reinstatement fee
- You must attend a mandatory education or treatment program (for second and subsequent occurrences within 10 years)
- You will be required to use an ignition interlock device for at least 6 months (for third and subsequent occurrences within 10 years)
THE LAWS CONSTITUTING IMPAIRED DRIVING CHARGES IN BURLINGTON, ON
Impaired Driving Charges are centered around Section 253 (1) which states that everyone commits an offence who operates a motor vehicle or vessel; or operates or assists in the operation of an aircraft or railway equipment; or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not.
(a) While the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
(b) Having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred milliliters of blood.
However, for an experienced impaired driving attorney in Burlington, ON he/she will find all the necessary information to get you off the impaired driving charges. All you need is to do is contact Burlington DUI Lawyer today.