Impaired Driving
Charged with Impaired Driving? Butterfield Law can help.
Impaired driving cases are very complicated. They rely on breathalyzers and have complex procedures. At Butterfield Law, Bob Jones is our impaired driving expert. Bob spent over 20 years as a senior crown counsel prosecuting hundreds of impaired driving cases. He now brings that knowledge and experience to help you.
Things you need to know:
Do I need to talk to a lawyer immediately?
What are the documents the police gave me?
What happens if I drive while suspended?
Can I appeal the 90-day driving suspension?
What are the charges?
Do I have to go to court?
What are the penalties?
I’m guilty; I just want it over with?
Are breathalyzers wrong?
What will a lawyer cost?
When you are charged, get legal advice immediately. Bob Jones will need to know things you might forget later, like your eating and drinking patterns prior to arrest. You may also need to keep receipts from the pub showing how much you drank. You only have seven days to appeal your 90-day driving suspension.
You will receive the following documents from the police:
- A Notice for a 24 hour Driving Prohibition (impaired driving).
- Notice for a Driving Prohibition (Suspension) for 90 days.
- A Promise to Appear, which says when you have to go to court.
- A copy of the Certificate of a Qualified Technician, which tells you your breath test reading.
Do not drive while your license is suspended. If you drive when your license is suspended for impaired driving, you will face very stiff penalties. You may lose your license for the rest of your life. If you get into an accident, your insurance will not cover you.
Appeal the 90-day driving suspension. While these appeals are rarely successful, they often yield valuable evidence. If impaired driving forms are filled out incorrectly, the court may not accept them.
What are the charges? The police normally charge impaired drivers with some of the following:
- Operating or having care and control of a motor vehicle while your ability to do so is impaired by alcohol or a drug (impaired driving).
- Operating or having care and control of a motor vehicle with a blood alcohol level in excess of 80 milligrams of alcohol per 100 milliliters of blood (over .08 or drunk driving).
- Refusal to provide a breath sample.
- Dangerous driving.
Your impaired driving charges will be unique to your situation and you will need the help of a lawyer to understand the charges.
Do you have to go to court? Either you or your lawyer has to attend court when required. If you miss a court date, the Judge will most likely issue a warrant for your arrest. At Butterfield Law, we try very hard to limit your appearances in court. If we are your lawyers, you may only have to go to court once.
What are the penalties? If you are convicted of any criminal offense, you will have a criminal record. This can prevent you from traveling, and affect employment. If convicted of impaired driving, you will face a stiff fine and a driving suspension of at least 12 months. You may also have to attend counselling and pay for an ignition interlock to be installed in your car.
I’m guilty; I just want it over with. This is a normal reaction when ordinary people are charged with impaired driving. However, given the significant consequence of a guilty plea, we recommend that you talk to us first. There are options which you may not be aware of, and we can often minimize the impact of your mistake.
Are breathalyzers wrong? When used and serviced properly, breathalyzers are reasonably accurate. Unfortunately, machines, like people, make mistakes. Bob Jones has the skill and the experience to identify these mistakes and advise you on how they affect your case.
What will a lawyer cost? Your consultation is free. The cost will be discussed with you at your consultation. It will depend on what services we provide. In most cases, we can keep costs down by working with the Crown to reduce the charges.