DUI Defence

Impaired driving is one of the most technical prosecutions in the Criminal Code, and one of the few where the consequences begin before any finding of guilt. A roadside suspension, an impoundment and an ignition interlock requirement can all attach while the charge is still before the court.

The charges usually come in a set: operation while impaired, operation with a blood alcohol concentration at or over 80 milligrams, and failure or refusal to comply with a demand. Each has different elements, and the evidence supporting them — the grounds for the demand, the timing of the tests, the calibration and operation of the approved instrument, the qualifications of the technician — is capable of being tested.

What we examine

• Whether the officer had lawful grounds for the roadside or breath demand.
• Whether the statutory time requirements for the samples were met.
• Instrument records, maintenance logs and technician notes.
• Whether the right to counsel under section 10(b) was properly given and facilitated.

A conviction affects a driving record, insurance and, for many people, the ability to work or to travel. Those consequences are worth understanding fully before deciding how to proceed, and we set them out before any plea discussion begins.