Impaired Driving (Over 80 or DWI or DUI)
Meaning
DUI or Driving Under the Influence is also often known as DWI, Driving While Intoxicated. A DUI charge is often a double charge of Impaired Driving and an Over 80 charge. Yet, an individual can be charged for just Impaired Driving or Over 80. A DUI conviction is a very serious matter, which can result in a criminal record, driver’s license suspension and, potentially, incarceration. Once accused of DUI should immediately seek a good criminal lawyer.
Nussbaum Law provides a free initial consultation and can help you fight back against the charges brought against you.
What are the Consequences of Driving under Influence?
Consequences for DUI can range from losing your driver’s license, a substantial fine, and even jail. Your car insurance rates may rise and you could end up with a criminal conviction on your record that could impact your employment opportunities and ability to travel outside of Canada.
What Is the Legal Level of Alcohol
In Ontario, a person is considered to be legally intoxicated, unfit to drive, when the blood alcohol content or BAC reaches .08 percent in 100 ML of blood. However drivers under the age of 21, depending on the province, may be pulled over and arrested for any traceable amount of alcohol in the bloodstream (as low as .02 percent). As of May 1, 2009, drivers with a BAC between 0.05 and 0.08 (known as the “warn range”) could lose their license for 3, 7 or 30 days.
Testing methods
When a police officer suspects a driver to be DUI, historically the officer conducted a field sobriety test consisting of the police officer asking the suspect to
A. Walk a straight line
B. Stand on one leg for 30 seconds
C. Follow a pen back and forth
D. Tilt the head back and touch the tip of the nose with the index finger
and other varieties.
Most recently scientific advances in chemistry have allowed for a consistency in using Breathalysers.
However the validity of such machines especially the handheld ones have often been scrutinized for they do not provide a foolproof estimate of blood alcohol content. If the driver fails the Breathalyser test, a reading of “F” would occur, and the driver would in most cases be transferred to the closest police station.
Once the driver is brought to the police station the driver is requested to provide breath samples into a more complex device where an actual blood alcohol level is provided.
An impaired driving charge and arrest often violates the driver’s Charter and Constitutional rights, and a seasoned, smart and aggressive counsel should consider all potential Constitutional violations when defending.