The offences of Impaired driving (DWI), and Over 80 (DUI) carry serious consequences. Just because you blew over the legal limit does not mean that all is lost. There are innumerable technicalities that may be available in your defense. The readings can often be excluded from the evidence, the readings might be wrong, and the readings in some cases are accurate but at the time of driving your blood/alcohol level was below the legal limit.

Your constitutional Charter rights may have been infringed when you were arrested. It is necessary to explore this avenue and structure the best possible defense based upon a review of errors made by the police and inconsistencies in your disclosure. We aim to secure the best possible outcome in your case, whether it is getting your charges withdrawn or reduced. It is important to speak to an experienced criminal lawyer before pleading guilty to an impaired/Over 80 charge.

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Although the terms Impaired driving and Over 80 are used interchangeably, they are two separate and distinct offences. Conviction on either charge carries the same penalty and it therefore necessary to win both.

Pursuant to 320.14 (1)(a) of the Criminal Code in Canada, DWI is referred to as impaired operation This offence simply relates to a person’s physical ability to operate a motor vehicle, i.e. is the ability to operate a motor vehicle is impaired by ingestion of alcohol and/or drugs In order to be found guilty of impaired operation, the Crown must prove that the accused was in care and control of the vehicle while impaired beyond a reasonable doubt. Further that the accused intended to operate a motor vehicle while being impaired by alcohol/drugs.

In Canada DUI is referred to as “Over 80”. This offence created a blood/alcohol level that the Government has determined no person should be permitted to operate a motor vehicle above this limit. An individual may show absolutely no signs of impairment but still be over 80 milligrams of alcohol per 100 mg of blood.

Choosing the right lawyer is crucial when facing charges of Over 80 or Impaired. You should never plead guilty to a DUI (over 80) or a DWI (impaired driving) without first consulting a lawyer.

At Juzkiw Law our team is experienced in defending these charges. We work tirelessly on building the best possible defense to your case.

Rights to Counsel

If you were not advised of your rights to counsel after being arrested within a reasonable period of time, there may be a breach of your Charter rights. This could be a legitimate ground to have the evidence against you excluded and the criminal charges withdrawn. It is very important that you provide us with specific details of your arrest. We analyze all the police officer notes, evidence and body warn camera footage to assess if your Charter rights have been infringed. If your charter rights have been infringed, the evidence against you can be excluded.

How to defend these charges? 

The key to getting your charges dropped or reduced is in reviewing all the Crown disclosure and analyzing the totality of evidence. It is necessary to spot weaknesses and emphasize inconsistencies in the evidence against you.

The Crown must prove beyond reasonable doubt that you were impaired while operating the vehicle. Any error committed by the police or breach of your constitutional rights can see the evidence including the breadth samples can be excluded from being admitted as evidence in court and resulting in the charges to be withdrawn or reduced.

It is vital to identify any mistakes and errors the police have made during their investigation. The police may have not advised you of your right to speak to legal counsel or legal aid in an appropriate manner. The police may have not had reasonable and probable grounds to arrest you or grounds to search your vehicle. These factors need to be considered by an experienced criminal lawyer to structure the best possible defense for you accordingly. It is important to not say anything to the police without consulting with an experienced criminal lawyer as this may be used against you in court.

It is important to have an initial discussion or resolution meeting with the Crown Prosecutor. An initial discussion with the Crown known as a Crown Pre-Trial, is essential to discuss all possibilities of a resolution.  It is important for you to retain a lawyer to have an initial resolution discussion with the Crown. An experienced criminal lawyer has the advocacy skills and experience to explain to the Crown the facts and circumstances surrounding your case. You might be able to get the best possible outcome at the Crown Pre-Trial, if not you will get a clear roadmap as to how to proceed forward

Do not plead guilty or give a statement to the police before speaking to a lawyer. Anything you say or do is usually recorded by the police on body warn cameras or dash cameras. Any statement given to the police can be used against you to find you guilty. We analyze all video footage and evidence. We structure a defense according to your circumstances and background in order to get the best possible outcome.

What happens when I am charged with Impaired/ Over 80?

When arrested and charged with Impaired/Over 80 the police will release you on an undertaking or hold you in custody for a bail hearing.

You will be provided with a court date where either you or your lawyer must appear.

You will be given a date to provide your photos and fingerprints to the police and if you fail to so, you will be charged with a separate criminal offence.

In addition, your driver’s license will be automatically suspended for 90 days.

Potential Consequences of a DUI Charge

For a first time offender, they can include:

  • Criminal record which can impact employment opportunities, and travel outside the country.
  • Fines of $1,000.00 or more;
  • Driving Prohibition on any street, road, highway or any street, road, highway or any public place for 1-3 years (subject to interlock stream eligibility)
  • Installation of Ignition Control device in any motor vehicle you operate for 12 months (cost approximately $125.00) per month, subject to stream eligibility)
  • Requirement to complete the Back on Track course program (cost approximately $500.00)
  • Increase in Car Insurance.

If this is your second conviction for Impaired/Over 80 there is a minimum of 30 days in jail and 120 days in jail for each conviction proceeding that. It is imperative you speak to a seasoned criminal defense lawyer if you have been charged with Impaired/Over 80 for a second time as you need to defend these charges to the best of your ability. We at Juzkiw law strive to have your charges withdrawn or reduced.

If you are not a Canadian citizen, an Impaired /Over 80 Charge could have serious repercussions on your immigration status. You may become inadmissible for citizenship or permanent residency if convicted and you may be deported to your home country.

Over 80 Causing Bodily Harm: Impaired Driving cause bodily harm:

Our team at Juzkiw Law has extensive experience successfully defending and winning all types of impaired driving charges including impaired driving causing bodily harm and over 80 (DUI) cause bodily harm. Impaired driving cause bodily harm is a serious offence that could lead to jail time.

The charge requires proof of causation – if you did not cause the accident or if the Crown cannot prove that you cause the accident you will win- there must be a causal connection. There is a possibility that your constitutional rights under Charter of rights and freedoms have been breached. It is important to explore these defenses to leave no stone unturned.

In some cases, where the Crown can prove causation, there is still a multitude of defenses available. Accident cases are often the most difficult for the Crown to prove beyond a reasonable doubt.

Over 80 (DUI) cause death/ Impaired cause death

It is absolutely imperative that if operating a motor vehicle with over 80 mg of alcohol per 100 ml of blood cause death (DUI cause death), or impaired driving cause death, that you retain experienced criminal lawyers.

As you can imagine these cases are very serious while conviction likely results in a significant jail term.  The police will prepare accident reconstruction reports which need to be analyzed. Subsequently when a death is involved there must be a causal connection with respect to the death. If the accident is not the fault of an accused person then he/she cannot be convicted of over 80 (DUI) cause death or impaired driving cause death.

As a result, these types of cases require careful and diligent scrutiny. Every possible weakness in the Crown’s case must be identified and emphasized.  The consequences of a conviction are significant and life altering.

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