In this province, yes. Even though your B.A.C. is at or below the legal limit, you could be charged with operating a motor vehicle while having consumed alcohol or drugs that have affected your ability to do so. If police feel that you were impaired in some way due to alcohol or drugs by how you drove your vehicle, what you looked like physically, how you performed during a Field Sobriety Test, what witnesses reported about your actions, and/or if there was drug recognition training used to make the assessment, the crown could pursue the charge.

A person who has been arrested for drinking and driving may have their driver's license suspended immediately, their vehicle towed, charged with Criminal Code offenses such as Impaired Driving, be required to appear in Court, and subject to various Release Conditions. In addition, depending upon the specifics of the situation, police may take possession of the vehicle and request that the accused provide either a breath sample or a blood sample. Consequences from Insurance usually occur right away, regardless if the case ultimately gets resolved in Court.

Refusal to give a breath sample is an additional criminal offence that falls under the Criminal Code of Canada. While refusal to breathe often has consequences that are comparable with those associated with a drunk driving conviction, police officers have certain procedures they must follow to obtain a breath sample. A number of factors regarding the traffic stop, detention, and the procedure used by police will need to be assessed and reviewed as part of your defence.

Will I get my license taken away for a first time DUI? A first time DUI conviction will likely lead to your driver's license being suspended (minimum) with possible large fine(s), higher car insurance premium(s), education/treatment courses; additionally you are likely going to have to put a ignition interlock system into your vehicle as well. It is determined by the court, the prosecutor, and/or other parties depending on the specific facts surrounding your arrest.

Yes, impaired driving charges are able to be legally challenged within a courtroom. As many impaired driving cases include various forms of technical violations of law as well as violation of police procedure, they will need to meet the requirements of the Canadian Charter of Rights and Freedoms. Defences could take on numerous different forms such as: was the stop illegal; is there an error in testing equipment; did the police fail to administer tests in a timely manner; what were the reasons behind the police making an arrest; or did the accused's rights violate them during the course of their investigation. The process of carefully reviewing all documentation provided by the Crown (disclosure), video evidence and test results may allow your lawyer to build a solid defense.