DeMelo Law is experienced in representing clients who have been charged with impaired driving. Impairment can involve alcohol, drugs, or a combination of both.

If the allegation is that you were driving while drunk, there are two charges that could be laid against you. The first is “operating a vehicle with a blood alcohol concentration of over 80 mg in 100 mL of blood.” This type of charge is usually laid after the results of a breathalyser test. The second charge is “impaired driving”. Under this charge, the Crown does not require blood alcohol level test results to prove impairment. Sometimes, circumstantial evidence (examples include driving erratically, bloodshot eyes, the smell of alcohol on a person’s breath, flushed face and slurred speech) can be enough to demonstrate impairment.

It is important to know that a person can be charged with each type of impaired driving charge separately, or together. A charge of Over 80 is founded on the results of a breath analysis provided to police. Whereas, a charge for Impaired Driving requires that specific, objective indicators of impairment be present in order for police to lay the charge.

Impaired Driving and Over 80 are both serious criminal offences that come with severe punishments, including a mandatory conviction on your criminal record if you are found guilty. The punishments can include loss of your license, mandatory fines and/or jail time. If you have been charged with Impaired Driving or Over 80, you will want someone who knows the law advocating for your case.

These are highly technical charges, and DeMelo Law can provide you with that experience.

Contact DeMelo Law for a free consultation.


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