Impaired Driving Over .08

Most people charged after a “drunk driving” investigation will be charged with both of these offences. The investigation typically done by the police seeks to gather evidence to support both charges. The tools generally used are observations of the accused person, breath samples taken at the roadside, sobriety tests conducted at the roadside, and breath samples taken at the police station.

These cases tend to be extremely technical and involve numerous evidentiary and constitutional issues, including your right to talk to a lawyer before giving samples of your breath. They may also require the use of expert evidence. They also carry severe penalties.

A first conviction for either of these offences carries a minimum penalty of a $600.00 fine and a one year driving suspension. There are no exceptions. Additionally, the Superintendent of Motor Vehicles will add ten penalty points to your licence. This may result in an additional driving suspension, depending on your history. Subsequent convictions carry minimum jail sentences.

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