Sunday, September 24th, 2023

Ottawa Lawyer | Types of Drinking & Driving Charges in Ontario


OTTAWA CRIMINAL DEFENCE LAWYER – In Ontario, there are three different types of charges for alcohol-related driving offences: Impaired Driving, “Over 80,” and Sample Refusal.

Depending on the situation, police officers can arrest you on just one of these charges, or they can charge you with multiple. For example, one arrest could lead to both “Over 80” and “Impaired Driving” charges.

1. Impaired Driving

Criminal Code of Canada Section 253(A)

If you show evidence of inebriation – not necessarily obtained using a breath test – you might be charged with impaired driving. Swerving between lanes, or slurred speech are examples of behavior that might lead to Impaired Driving charges.

2. “Over 80”

Criminal Code of Canada Section 253(B)

You may be charged with blowing “Over 80” if you take a breath test and blow over Ontario’s legal limit for blood alcohol in drivers. It is illegal for any driver to have over 80 milligrams of alcohol within 100 millilitres of blood – hence the name of “Over 80” for this criminal charge.

3. Refusing to Provide a Breath Sample

Criminal Code of Canada Section 254(5)

If a police officer stops you and demands that you take a breath test, it is a criminal offence if you refuse or fail to do so. In these situations you may be charged with “Refusing to Provide Sample.”

If you’ve already been charged with a driving offence in Ontario, it’s important to get advice from an experienced criminal defence lawyer. For more information, contact the Ottawa criminal defence lawyers at Auger Hollingsworth by email or by phone at (613) 233-4529.

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