Charges & matters we handle
- Impaired operation of a motor vehicle
- Over 80 (blood alcohol concentration at or over 80 mg)
- Refusing or failing to provide a breath or blood sample
- Care and control while impaired
- Impaired operation causing bodily harm or death
- Dangerous operation of a motor vehicle
What's at stake
Even a first conviction carries a mandatory minimum fine, a criminal record, and a driving prohibition. You may face an ignition interlock requirement, a sharp rise in insurance costs, and — for many people — a real risk to their employment, especially where driving is part of the job.
The administrative penalties move faster than the court process: a 90-day administrative licence suspension and a 7-day vehicle impoundment can apply at the roadside, separate from the criminal charge itself.
How a defence is built
Defending an impaired or over-80 charge often turns on Charter rights. Was there a lawful basis for the stop and the breath demand? Were the testing procedures and the approved instrument's maintenance and calibration records in order? Were you given a meaningful opportunity to speak with a lawyer without delay?
Where police fell short, evidence may be excluded under section 24(2) of the Charter. We review the full disclosure, identify the weak points in the Crown's case, and advise you clearly on whether to challenge the charge, negotiate, or proceed to trial.
Frequently asked questions
Will I lose my licence right away?
In Ontario an administrative suspension can apply immediately at the roadside, separate from the criminal case. There are steps that may be available to address your licence — speak with a lawyer as soon as possible.
Is a first impaired driving offence a criminal record?
A conviction for impaired driving or over 80 results in a criminal record, even for a first offence. That is one reason these charges are worth defending carefully.
Can the breathalyzer result be challenged?
Sometimes. Results can be challenged based on how the demand was made, how the instrument was operated and maintained, and whether your Charter rights were respected. A review of the disclosure is the starting point.
Related practice areas
- Bail HearingsUrgent bail hearings to get you or a loved one home quickly, on the best possible terms.
- Assault & DomesticAssault, assault causing bodily harm, and domestic allegations handled with discretion and urgency.
- Drug OffencesPossession, trafficking, and production charges. Challenging searches, seizures, and the evidence against you.
Talk to Nicola Circelli
Free, confidential consultation. Available 24/7 for arrests and bail.
This page provides general legal information only; it is not legal advice and does not create a solicitor–client relationship. Outcomes depend on the specific facts of each case.