Top 5 things to do if you are charged with impaired driving in Ontario

1. Contact a Criminal Defence Lawyer Immediately

• Why: Impaired driving is a criminal offence in Ontario, and navigating the legal process can be complex. A lawyer can provide you with the best chance of minimizing penalties or having charges reduced or dismissed.

• How: As soon as possible after your arrest, contact a lawyer who specializes in impaired driving cases. Do not make statements or decisions without consulting legal counsel, as they can guide you on how to proceed.

2. Understand the Charges

• Why: You need to fully understand the charges against you and the potential penalties. Impaired driving in Ontario includes driving with a blood alcohol concentration (BAC) over 0.08%, driving under the influence of drugs (including cannabis), and refusing a breathalyzer or blood test.

• How: Your lawyer will explain the specifics of the charge and the range of consequences, which could include license suspension, fines, mandatory education programs, or jail time. Knowing the full scope of your legal situation will help you prepare your defense.

3. Attend All Court Dates

• Why: Failing to attend court dates can lead to additional charges, including a warrant for your arrest. Attending court is mandatory and shows the court that you are taking the charge seriously.

• How: Your lawyer will advise you on when and where to appear. Be punctual, dress appropriately, and follow the court’s instructions. Your lawyer will represent you during the process, but your presence is still required unless told otherwise.

4. Gather Evidence and Witnesses

• Why: Collecting evidence can help build a strong defense. There may be factors such as improper police conduct, faulty breathalyzer results, or witnesses who can testify in your favor.

• How: Work with your lawyer to gather any relevant evidence. This could include:

  • Dashcam or security footage.

  • Witness statements.

  • Medical records if you have a condition that could have affected your sobriety test.

  • Any documentation proving your actions at the time (e.g., receipts from a restaurant showing non-alcoholic purchases).

5. Consider Alternative Measures (e.g., Plea Bargains or Programs)

• Why: Depending on the strength of the case against you, your lawyer may negotiate for a lesser charge, reduced penalties, or diversion programs that could help you avoid a criminal record.

• How: In Ontario, some first-time offenders may be eligible for programs like the Ignition Interlock Program, which allows restricted driving with a breathalyzer device installed in your vehicle. Your lawyer may also negotiate a plea bargain, where you plead guilty to a lesser offence (no criminal record) in exchange for reduced penalties.

By following these steps, you can better protect your rights and work toward minimizing the impact of an impaired driving charge.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Consult a qualified lawyer for advice on your specific legal situation.