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Drinking and Driving Offenses

There are consequences and risks for drinking and driving. Even consuming two alcoholic drinks could result in charges if you are stopped and the breathalyzer results are 0.05 or higher. There are numerous costs you face, both now, to prepare your defense against the drinking and driving offense and in the future, if you are convicted. Risks become greater in the event you caused an accident or injured another person while driving under the influence.

Most people charged with drinking and driving offenses have no prior criminal records. It is normal to experience stress and anxiety from being charged. Since the risks associated with drinking and driving offenses are so great, it is in your best interests to obtain assistance from an experienced criminal defense lawyer, who specializes in drinking and driving offenses, like Rudi Covre.

If you are stopped and charged with a drinking and driving offense, it is important you remember to keep your composure. Listen to the police officer’s instructions and do not become aggressive, disagreeable, or belligerent, as this can hurt your case. If you are arrested, do not resist. Do not speak about the charges with the officer as they will use anything you tell them against you. After being arrested, contact Rudi Covre immediately to provide assistance with your bail hearing and help prepare your police statement.

Consequences of a Drinking and Driving Offense Conviction

A drinking and driving conviction results in a criminal record. You will lose your driving privileges for a set period of time. There are court costs, fines, lawyer fees, increased insurance premiums, installation and rental costs for an interlock device, and licence reinstatement fees. Further, you have to complete a mandatory ministry course. You could also put your employment at risk, as well as face travel restrictions.

  • First Offense: Up to a one year licence suspension and a minimum fine of $1,000.
  • Second Offense: Up to a three year licence suspension, fines, and a minimum jail sentence of 30 days.
  • Third Offense: Permanent removal of driving privileges, fines and a minimum jail sentence of 120 days.

Keep in mind the actual outcome of your charges does vary depending on whether this is a first offense, repeat offense, the results of your blood alcohol test, if you caused an accident, or injured another person. The judge has the ability to modify sentencing based upon the alleged charges as presented by the Crown. Receiving jail time is always a possibility, even with a first offense. This is why it is important to be represented by Rudi Covre and never attempt to defend your case on your own.

Types of Drinking and Driving Offenses

Impaired

Impaired driving is established when a suspect’s breathalyzer results are 0.05 to 0.08. Common indications of impairment include slurred speech, erratic or careless driving, causing an accident, problems with motor control, and smell of alcohol. You could still be charged with impaired driving even if you blow under 0.05 and the police officer determine your behavior creates a risk to yourself and other motorists, like if you were using illegal drugs which resulted in the driving impairment.

Over 80

Over 80 means your breathalyzer results were more than 0.08 and police officers look for similar indications as they do with impaired driving.

Failure or Refusal to Submit a Breath Sample

Refusing to provide a breath sample when requires by a police officer results being charge with this offense and if convicted, judges use the same guidelines for sentencing for impaired and driving over 80 charges.

Contact Rudi Covre today to schedule a free consultation if you or a loved one has been charged with a drinking and driving offense.

The Law Office of Rudi Covre
7050 Weston Rd, Suite #607 Vaughan, , ON L4L 8G7
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