DUI & Over 80 Charges in Ontario – Criminal Defence Lawyers
CHARGED WITH A CRIMINAL OFFENCE IN ONTARIO?
WE FIGHT TO PROTECT YOUR RIGHTS AND FREEDOM.
Being charged with impaired driving, Over 80, or refusing a breathalyzer can be overwhelming. These offences carry harsh penalties, including fines, license suspensions, criminal records, and even jail time. At Law Booth, we provide aggressive, strategic defence for DUI charges across Mississauga, Brampton, Toronto, and the GTA. With over 15 years of courtroom experience, we fight to protect your license, your freedom, and your future.
WHAT IS A DUI / OVER 80 CHARGE?
Impaired Driving – Operating a vehicle while your ability to do so is impaired by alcohol or drugs.
Over 80 – Having a blood alcohol concentration (BAC) over 0.08 within 2 hours of driving.
Refusal to Provide a Breath Sample – Saying no to a roadside or station breathalyzer.
Drug-Impaired Driving – Operating a vehicle while impaired by cannabis, prescription meds, or other drugs.
Under the Criminal Code of Canada, you can be charged with:
PENALTIES IF CONVICTED
First-time offenders may face:
Minimum $1,000 fine
1-year license suspension
Mandatory education program
Ignition interlock device
Criminal record
Repeat offenders face:
Jail time
Longer license suspensions
Higher fines
Vehicle impoundment
HOW WE DEFEND YOUR DUI CASE
Every case is different. We tailor your defence using the facts, the law, and over a decade of courtroom experience.
Possible defences include:
✅ Charter Violations – Were your rights violated during the stop or arrest?
✅ Improper Testing – Were breathalyzer or drug recognition tests administered incorrectly?
✅ Timing Issues – Was your BAC over 0.08 only after driving?
✅ No Proof of Impairment – Was there actual evidence you were impaired?
We often negotiate favourable resolutions, such as:
Reducing DUI to careless driving (no criminal record)
Avoiding license suspensions
First-offender diversion programs
FREQUENTLY ASKED QUESTIONS
DUI & IMPAIRED DRIVING IN ONTARIO
Q1: What is the difference between Impaired Driving and Over 80?
Impaired Driving refers to your ability to operate a vehicle being affected by alcohol or drugs, regardless of how much you consumed.
Over 80 means your blood alcohol concentration (BAC) was over 0.08%, even if you were not visibly impaired.
It’s possible to be charged with one, the other, or both — and they are separate offences under the Criminal Code of Canada.
Q2: What happens immediately after a DUI arrest in Ontario?
Your license is suspended for 90 days under Ontario’s ADLS (Administrative Driver’s Licence Suspension) program.
Your vehicle may be impounded for 7 days.
You’ll receive a court date, often weeks later.
You’ll need to install an ignition interlock device if convicted.
This happens even if you're never found guilty. That's why it’s critical to speak with a lawyer immediately.
Q3: Can I beat a DUI charge in Ontario?
Yes. Defences include:
Charter violations (e.g., unlawful stop or search)
Improper breath or blood testing procedures
Faulty roadside screening devices
Rising BAC defence (BAC was under 0.08 while driving, over only after)
Our firm has had many DUI charges withdrawn, reduced to traffic offences, or dismissed at trial.
Q4: What is a “refuse to blow” charge?
If you refuse or fail to provide a breath sample at a roadside stop or police station, you can be charged — and the penalties are as severe as a DUI. However, there may be valid reasons (e.g., medical conditions, improper officer instruction) that we can use as a defence.
Q5: Will I lose my license permanently if convicted?
First offence: Minimum 1-year suspension
Second offence: 3-year suspension
Third offence: Lifetime suspension (may be reduced to 10 years in some cases)
We often negotiate for reduced penalties, including shorter suspensions or no suspension at all through strategic pleas or Charter applications.
Q6: What are the penalties for a first-time DUI conviction in Ontario?
A first-time conviction usually results in:
$1,000+ fine
1-year license suspension
Mandatory education or treatment program (Back on Track)
Ignition interlock for at least 1 year
Criminal record
You may also face higher insurance premiums, employment issues, and travel restrictions (e.g., U.S. entry).
Q7: Can I get a DUI if I was driving after using cannabis or prescription drugs?
Yes. Drug-impaired driving is a criminal offence in Canada. If police believe your driving is impaired — even by legal or prescribed substances — they may conduct a drug recognition evaluation (DRE), saliva test, or request a blood sample. These charges are treated as seriously as alcohol-related DUIs.
Q8: Can I travel to the U.S. with a DUI conviction on my record?
Not always. A DUI is considered a crime of moral turpitude under U.S. immigration law. Many people with DUI convictions are denied entry. However, there are exceptions and waiver applications. The best solution is to avoid a conviction altogether, which is exactly what we help clients do.
Q9: Is it worth hiring a lawyer for a first-time DUI?
Absolutely. Even a first offence can result in a permanent criminal record, lost job opportunities, immigration consequences, and high fines. A skilled DUI lawyer may be able to:
Get your charges withdrawn or reduced
Help you avoid a criminal record
Shorten or eliminate license suspensions
Save you money and stress in the long run
Q10: How long will my DUI case take in court?
Most DUI cases in Ontario take 3 to 9 months, depending on the complexity and jurisdiction. If the case goes to trial, it can take longer. Our goal is to resolve your matter efficiently while achieving the best possible outcome.
Q11: Can I drive with an interlock device after a DUI?
Yes — if you're eligible for Ontario’s Ignition Interlock Program, you can drive sooner than the full suspension period, provided you:
Complete the required education program
Pay the fees
Install the device in your vehicle
We guide our clients through this process to minimize driving disruption.