Drinking and Driving

Have you been charged with drinking and driving? Did you refuse to take a breathalyzer test? Did you smoke weed then drive?


Drinking and Drinking / Over 80 / Failing to provide a Breathazlyzer sample

This criminal offence is committed where the blood-alcohol concentration in the defendant’s body exceeds 80 milligrams of alcohol per 100 milliliters of blood. It is sometimes referred to as “Over 80” or “Over .08.” The blood-alcohol level is determined from a sample obtained by the police after being stopped, usually through a breath sample.

Police are authorized to demand a breath sample when they believe a person’s ability to operate a vehicle is impaired by alcohol, or the person’s alcohol level is over the legal limit. In addition, Parliament has made it an offence (in section 320.15 of the Criminal Code), to fail or refuse, without reasonable excuse, to comply with such a demand.

On your 1st conviction you face a fine between $1000 - $2500, minimum 1 year driving prohibition and possible ignition interlock.

On your 2nd conviction you face: minimum 30 days in jail, minimum 2 year driving prohibition, and possible ignition interlock. 

On your 3rd conviction you face: minimum 120 days in jail, minimum 3 year driving prohibition, and a six month ineligibility for Ignition Interlock (blow box)


Impaired Driving

Impaired driving is different than drinking and driving/ Over 80. Under this charge, it is not the quantity of what you consumed, it's whether whatever you consumed impaired your ability to drive. 

In order to convict you of impaired driving, the Crown must prove the following elements of the offence beyond a reasonable doubt:

  1. You operated a motor vehicle, vessel, aircraft or railway equipment, and
  2. You were voluntarily impaired by alcohol or drugs, or a combination thereof.

For most people charged with impaired driving, the effects of a conviction far outweigh the fine or sentence. Upon a finding of guilt for impaired driving (or “over 80” or “DUI”), insurance premiums will skyrocket, there will be a mandatory driving suspension for a period of one year, as well as remedial programs imposed by the government to transition back into driving (such as ignition interlock systems installed in vehicles).  All of this comes with considerable expense and unbearable inconvenience to those people who rely upon their driving for work and day to day purposes.


There are numerous defences to DUI criminal charges. If you are facing a DUI charge, Nikolas will carefully examine the circumstances of your case, and the evidence the police and Crown have against you, to build a strong defence to the charges. Call Nikolas at 613-233-2542 now.