It’s no secret that drinking and driving is a serious situation both socially and legally. Operating a vehicle while under the influence of alcohol has the potential to destroy not only your life, but the lives of others who may cross your path at the wrong time.

Of course, it isn’t illegal for an adult with a valid driver’s license to have a drink or two and then drive. Many times, a drinking and driving charge results from your blood alcohol level being just a point or two over the legal limit, even though you may still feel fine.

If you are stopped after you’ve been drinking, and the officer suspects you may be under the influence, you do have options.

 Refuse the Breathalyzer

While refusing to submit to a roadside breath screening test or a Breathalyzer test at the police station is technically an option, it isn’t one that you want to explore. In Ontario, refusing these tests carries with it the exact same penalties as a conviction for impaired driving. Even if you feel that you might be over the limit, refusing the test is not something that you want to do.

 Exercise Your Rights

While refusing the breath tests is incredibly unwise, you do have rights. You have the right to refuse a ‘walk the line’ type of sobriety test at the scene. You also have the right to know why you’re being detained if the officer wants you to go back to the station for an official Breathalyzer test.

You always have the basic right not to incriminate yourself. This means you aren’t obligated to share the details of your evening with the officer. Don’t tell him when you started drinking, when you stopped, or how much you had before you got into the vehicle.

 Plead Guilty

If you blow over .08 on the Breathalyzer test, you do have the option to plead guilty to the charge. Some people feel that a guilty plea will speed up the inevitable and get them back on the road sooner.

Before you decide to plead guilty to drinking and driving, it’s important you keep a few things in mind. If you plead guilty and are convicted of impaired driving:

• You will have a criminal record
• Your license is suspended for one year
• You must have an ignition interlock device installed on your vehicle
• You will face jail time and a 3-year license suspension if convicted again in the future
• You will have to face any job-related consequences of not having a driver’s license

 Contact a Lawyer

As part of your basic rights, the officer who detained you must inform you that you have the right to speak with an attorney. Criminal lawyers who specialize in impaired driving cases are your absolute best bet at this stage of the game. Just because things don’t look too bright doesn’t mean there isn’t a light at the end of the tunnel.

Criminal lawyers who deal with impaired driving on a regular basis are experts. They see cases like yours all the time, and they know precisely where to look to build the strongest defence.

•  Did the police stop you for a valid reason?
• How did the officer ask you to use the roadside screening device?
• Was the device approved and calibrated properly?
• Did the police speak to you in a language you could easily understand?
• Were you given a real chance to consult with a lawyer in private while at the police station?
• Do you have evidence to show the results of any breath test were wrong?

Being stopped for drinking and driving can be a frightening situation for many people. Don’t refuse the mandatory breath tests and take advantage of your right to call a lawyer.

The client was charged with Impaired Driving and Driving with Over 80mgs of alcohol in 100mls of blood. The charges were dismissed after trial, as a result of counsel successfully arguing that there were conflicting dates as to when the incident occurred.

The client was charged with Driving with Over 80mgs of alcohol in 100mls of blood. The charge was dismissed after trial, as a result of counsel successfully arguing that the roadside demand was unlawful.

The client was charged with Impaired Driving and Driving with Over 80mgs. Of Alcohol in 100mls of blood. The matter was withdrawn after counsel brought to the attention of the Crown the fact that there was potentially unreasonable search and seizure, because there was no breath demand.

My client was charged with Over 80. The charge was withdrawn after I filed Charter Applications in relation to there being an unlawful demand for my client’s breath and a breach of my client’s right to counsel.

My client was charged with Over 80. The matter proceeded to trial, and on the third day of trial, the Judge dismissed the charge because of my effective cross examination of the two officers involved.

Client was charged with Impaired Driving and Driving with Over 80mgs of alcohol in 100ml of blood. As a result of an Application to have the charges stayed because of lost evidence, specifically the DVD of the breath room, all the charges were withdrawn.

Client was charged with Impaired Driving and Driving with Over 80mgs of alcohol in 100ml of blood. The charges were stayed as a result of a successful application for unreasonable delay.

Client was charged with Impaired driving and Over 80. The charges were stayed after successfully arguing an application for a trial without delay.

Client was charged with Driving with Over 80mgs of Alcohol in 100ml of Blood. The charge was withdrawn after successful discussions with the Crown.