Impaired Driving

A person is considered to be impaired if their abilities to drive are compromised by alcohol or drugs. Evidence of impairment may include driving observations: erratic driving, weaving or causing an accident. Other evidence may include personal observations of the driver, such as bloodshot eyes, flushed face, odour of alcoholic beverage, slurred speech and loss of motor coordination times. These observations are cumulative: a single observation, like erratic driving, will not mean a person is impaired. There must be a combination of multiple observations.

Over 80

The term “over .80” means that the concentration of alcohol in a driver’s body exceeded 80 milligrams in 100 milliliters of blood. The alcohol concentration is determined from an analysis of breath or blood samples obtained by the police with a machine called the breathalyzer.

Refusal to Provide a Sample

When a police officer demands that a breath sample be provided, the driver must comply and provide an acceptable sample. Having medical issues that prevent an individual from giving a proper breath sample may be a defence to the refusal. The consequences of a conviction of refusing to provide a breath sample are essentially the same as those for a conviction of impaired driving or over .80.

Care and Control

Did you know that you do not have to be driving to be charged with a DUI?

If a person is impaired and over .80 and they are found behind the wheel of the vehicle with the keys easily accessible, they may be charged “care and control.” You need to work with a criminal lawyer who has experience defending DUIs to interview any possible witnesses and sculpt your defence to show that you did not have the intention to drive.

Please call 613.695.8595 to schedule a free, no-obligation case evaluation with Celine Dostaler.


Have you been accused or charged with a crime? Are you worried about losing your freedom, or a damaged reputation? losing your job? losing your family? going to jail?

Contact Céline Dostaler to schedule a free half-hour confidential consultation at:

OFFICE: 613.695.8595
CELL: 613.863.8595 (24/7)
200 Elgin St, Suite 901,
Ottawa, ON K2P 1L5

EMAIL: [email protected]