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Drinking and Driving (DUI) Offences

There are four major categories of drinking and driving offences.  (1) Impaired Driving (2) Over 80 (3) Care or Control and (4) Refusal/Failure to Provide a Breath Sample

1 Impaired Driving – It is an offence to operate your motor vehicle while your ability to operate the vehicle was impaired by alcohol or a drug.

2 Over 80 – It is an offence to operate your motor vehicle while your blood alcohol concentration is greater than 80 mg of alcohol in 100 mL of blood.

3 Care or Control – Not only is it an offence to drive a motor vehicle while impaired or Over 80, but it is also an offence to be in care or control of a motor vehicle in either circumstance.  Being in care or control includes using the car in a manner whereby the vehicle may be put into motion, creating a danger the law is designed to prevent.

4 Refusal/Failure to Provide a Breath Sample – It is an offence to refuse/fail (without lawful excuse) to comply with a lawful demand of a police officer to provide a breath sample at either the roadside or at the police station.

In order to be convicted of any of these offences, the Crown must prove beyond a reasonable doubt all essential elements of the offences for which you are charged.  Neil Singh is an experienced DUI criminal lawyer who will work with you to establish the doubt that can lead to your acquittal.

Each of these offences are highly technical in nature.  If you have been charged with Drinking and Driving, it is important to retain an experienced criminal lawyer who will vigorously defend your rights.

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