"Operation While Impaired"

The expression, "DUI" (Driving Under the Influence), is used by our neighbours to the south. In Canada, "Operation While Impaired", as it is official known, is commonly referred to as "Impaired Driving". If you are charged with the offence of "Impaired Driving" in Ontario, your situation is not hopeless as many may lead you to believe. Call Song Criminal Defence and get the information and help you need to beat your charges.

Criminal Code of Canada, s. 320.14(1)(a)

"Everyone commits an offence who (a) operates a conveyance while the person's ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol or drug;"

What the Crown Needs to Prove Beyond a Reasonable Doubt

1. Identity
2. Date and Time of Offence
3. Jurisdiction
4. Accused was operating a conveyance
5. Accused was impaired at the time of operating the conveyance
6. Impairment was by alcohol
7. Accused voluntarily consumed alcohol

Available Dispositions on Conviction | "Punishment"

1. Criminal Record: An Impaired Driving conviction will result in a criminal record.
2. Fine: A monetary fine plus a surcharge. The amount of the fine is often based on the BAC level registered.
3. Licence Suspension: A driver's licence suspension for a period of 1 year under the Criminal Code with potential eligibility for entry into the Early Ignition Interlock Program which will reduce your licence suspension upon a plea of guilt based on the time that has passed between the date of arrest to the date on which the guilty plea is entered and a conviction registered.
4. Back on Track: A government run program which includes an intake interview, a class, and a follow-up telephone call.
5. Ignition Interlock

Negative Collateral Effects

1. An immediate 7-day vehicle impoundment: The vehicle you are operating will be immediately towed and impounded from the scene regardless of ownership for a period of 7 days.
2. An immediate administrative licence suspension: Your licence will be suspended for 90 days from the date of arrest.
3. Insurance: Significant increase in insurance premiums if your insurance company still decides to provide coverage.
4. Immigration: Potential removal and/or deportation orders issued for permanent residents and visa holders upon conviction.
5. Potential issues with travelling if one has an existing criminal record.
6. Monetary cost and difficulty associated with arranging alternative transportation while under licence suspension.

Obviously, we cannot comprehensively cover how these consequences may impact your unique situation on this page. Call us and speak to a lawyer immediately or reach out to us to set up a free in-person consultation to completely understand your situation, the consequences you may face, and to develop a plan of action to beat your charges.