DUI – Impaired & Over 80

Adam Goodman Toronto Lawyer

You’re innocent until proven guilty

Have you been charged with a impaired, over 80, or refuse a breath sample? If so, Adam Goodman can help you.

Adam Goodman practices criminal law in Greater Toronto Area and has the necessary experience in defending people who have been charged with impaired, over 80, or refuse a breath sample.

Adam has the know-how to be resourceful, aggressive & relentless in presenting the best possible case to defend your impaired, over 80, or refuse breath sample charges.

Adam Goodman’s clients come first

Adam Goodman does not run a stuffy traditional criminal law firm. He regularly meets with clients at times that work for their busy schedules and he will happily arrange for an evening or weekend appointment.

Why it’s essential you hire an experienced impaired, over 80, and refuse breath sample lawyer

Just because you’ve been charged with a impaired, over 80, or refuse breath sample, that doesn’t mean you’ll be convicted. A lot of impaired, over 80, and refuse breath sample driving charges that go to court in Canada go unproven when individuals have proper legal representation.

Impaired, over 80, or refuse breath sample cases are complex and their hundreds of variables, do not assume that you do not have a defence. Often an experienced impaired, over 80, and refuse breath sample lawyer will have huge list of possible legit defences that may allow your case to be dismissed.

A DUI charge is serious which can affect you for the rest of your life, seeking qualified legal representation is never a bad idea.

What are ‘impaired’, ‘over 80′, and ‘refuse breath sample’ charges?

Impaired, over 80, and refuse breath sample are actually three separate criminal charges. To be convicted of Impaired the Crown must prove that you were impaired by alcohol or drugs at the time of driving. To be convicted of Over 80 the Crown must prove that your blood alcohol level exceeded 100 milligrams of alcohol in 100 millilitres of blood at the time of driving. To be convicted of Refuse Breath Sample the Crown must prove that you refused to blow into either an approved screening device or an approved instrument.

What happens if you are convicted of an impaired, over 80, or refuse breath sample offence?

Sentencing for impaired, over 80, and refuse breath sample, like any sentencing case, will vary based on the aggravating and mitigating circumstances of both the offence and the offender. There are however minimum penalties. A first conviction for one of these offences carries a minimum fine of $600 as well as a one-year driving prohibition (this can be reduced through participation in the ignition interlock program). A second conviction, in cases where the Crown serves a notice of increased penalty, carries a minimum term of imprisonment of 30 days and a mandatory __ year driving prohibition. Subsequent offences, in cases where the Crown serves a notice of increased penalty, carry a minimum term of imprisonment of 120 days and a mandatory ___ year driving prohibition.

Potential defences:

  • Defences involving non-compliance with statute – due to the technical nature of these offences the police are required to comply with the requirements of the Criminal Code. Examples of such requirements include the taking of the roadside breath sample “forthwith” and the taking of the breath sample into the approved instrument as soon as practicable.
  • Charter defences – since the taking of breath samples is in essence a warrantless search the police must take this evidence in compliance with the Canadian Charter of Rights and Freedoms. Possible Charter arguments include the right to counsel and there being reasonable and probable grounds to make a demand for an individual to provide a sample into an approved screening device.

Impaired, over 80 and refuse breath sample offence FAQs:

I was clearly driving while drunk, shouldn’t I just plead guilty?

Impaired, Over 80, and Refuse Breath Sample are very technical types of offences. The police must have conducted the arrest and investigation in accordance with both the Criminal Code and the Charter. The Crown must also follow stringent technical requirements to prove the case. If there are mistakes made in the investigation and/or prosecution, you could be acquitted.

Additionally, the reality of minimum penalties is that sanctions are often quite similar when pleading guilty than if you were convicted after a trial.

The officer violated my Charter rights, will the charges be dismissed?

The Judge must be the one who comes to this determination. Even if you feel your rights were violated the court may decide otherwise. In cases where a Charter violation has been found the court will then perform an analysis pursuant to s. 24(2) of the Charter to determine whether the evidence obtained subsequent to the Charter violation should be excluded from the trial.

What is the ignition interlock program?

This program allows an individual convicted of Impaired, Over 80, or Refuse breath sample to receive their licence back prior to the end of their prohibition provided they install an ignition interlock device into their vehicle. The general requirement is that the convicted indivudual be a first offender and not have been impaired by drugs. The Ministry may consider other aggravating factors in determining whether an individual should be allowed into the program. There are two streams for this program – Stream A is for those who plead guilty within three months of arrest and Stream B is for everyone else who has been found guilty and qualifies for the program. Stream A allows one’s licence to be reinstated after three months and Stream B allows one’s licence to be reinstated after six months.

Even those who do not qualify or choose not to participate in the program to have their licence reinstated after a shorter period will still need to install an interlock device into their vehicle for a period of time in order to eventually have their licence reinstated.

How much does it cost to hire Adam Goodman for an impaired, over 80, or refuse breath sample matter?

In most cases, a retainer (usually between $2000-4000) is required to begin working on your matter. Depending on the circumstance, Adam may consider working on a contingency or partial contingency basis. Adam’s law practice offers payment plans and also accepts various forms of payment including debit and credit cards.

What should you do next?

Remember it costs you nothing to pick up the phone to find out your rights. Contact one of Adam Goodman’s Toronto offices today for a free assessment of your Impaired, Over 80, or Refuse Breath Sample case and let him help lessen your stress and worries about your legal matter(s).