Impaired Driving | DUI

"Operation While Impaired"

The expression, "DUI" (Driving Under the Influence), is used by our neighbours to the south. In Canada, "Operation While Impaired", as it is official known, is commonly referred to as "Impaired Driving". If you are charged with the offence of "Impaired Driving" in Ontario, your situation is not hopeless as many may lead you to believe. Call Song Criminal Defence and get the information and help you need to beat your charges.

What the Crown Must Prove Beyond a Reasonable Doubt:

• Identity: They must prove you were the one driving.

• Date and Time: The offence must have occurred at the specified time.

• Jurisdiction: The location must fall under Ontario’s legal authority.

• Operation of a Conveyance: You must have been driving or in control of a vehicle.

• Impairment: They must demonstrate you were impaired at the time.

• Alcohol Use: The impairment must be linked to alcohol or a combination of substances.

• Voluntary Consumption: They need to show you knowingly consumed alcohol.

Consequences of a Conviction

1. Criminal Record: An impaired driving conviction will result in a permanent criminal record.

2. Fine: A monetary fine, plus a surcharge, which is often based on your Blood Alcohol Content (BAC).

3. Licence Suspension: A 1-year suspension under the Criminal Code. Possible early entry into the Ignition Interlock Program, reducing the suspension time depending on when you plead guilty.

4. Back on Track Program: A government-mandated program involving an intake interview, educational classes, and a follow-up.

5. Ignition Interlock: A device installed in your vehicle to prevent you from driving under the influence.

Other Potential Consequences:

• Immediate 7-day Vehicle Impoundment: The vehicle, regardless of ownership, will be towed and impounded for 7 days.

• 90-day Licence Suspension: An immediate suspension for 90 days following your arrest.

• Increased Insurance Premiums: Your insurance rates will likely spike, if coverage is still provided.

• Immigration Issues: Permanent residents and visa holders may face deportation or removal orders.

• Travel Restrictions: A criminal record can lead to difficulties traveling abroad.

• Cost of Alternative Transportation: Navigating life without a licence can result in significant costs.