Impaired driving is defined under Section 320.14 of the Criminal Code of Canada as operating a vehicle while your ability to drive is compromised by alcohol, drugs, or a combination of both. It also includes having a blood alcohol concentration (BAC) at or over 0.08, or failing or refusing roadside sobriety or drug recognition tests.

Even if you didn’t feel “drunk” or “high,” you can still be charged if police have reasonable grounds to believe your ability to drive was impaired in any way.

Impaired driving offences include:

• Driving at or over 0.08 BAC (blood alcohol limit)

• Drug-impaired driving (including cannabis or prescription medications)

• Refusing a breathalyzer or roadside test

• Care and control charges (sitting in the driver’s seat while impaired, even if the car wasn’t moving)

The penalties for impaired driving are severe and immediate, even for a first offence. If convicted, you could face:

• Mandatory minimum fines starting at $1,000

• Automatic driver’s licence suspension (90 days roadside, 1 year if convicted)

• Vehicle impoundment at the roadside

• A criminal record, which can affect jobs and travel

• Higher insurance premiums or loss of coverage entirely

Repeat offences or cases involving injury, death, or refusal to provide a breath sample can result in:

• Jail time (minimum 30 days for a second offence)

• Lifetime driving prohibitions in serious cases

Police in Ontario have broad powers to test for impairment, including:

• Roadside breathalyzer tests for alcohol

• Standardized field sobriety tests (SFST)

• Oral fluid drug screening devices (for cannabis or other drugs)

• Blood tests if warranted

Failing—or even refusing—any of these tests can lead to an impaired driving charge. Refusal carries the same penalties as being over the limit.

A charge does not mean a conviction. There are several ways to challenge impaired driving allegations, including:

• Unlawful traffic stops – Were your Charter rights violated?

• Faulty breathalyzer or roadside equipment

• Improper administration of sobriety tests

• No proof of care or control – if you weren’t actually driving

• Rising BAC defence – alcohol levels increased after you stopped driving

At Bigioni Law, we carefully review every detail to identify weaknesses in the Crown’s case and fight for the best possible outcome.

Impaired driving cases can move fast, and the Crown often pushes for quick convictions. Without a skilled lawyer, you risk:

• Losing your licence for a year or more

• Permanent criminal record

• Higher penalties if convicted in court

An experienced defence lawyer can:

• Challenge evidence and testing methods

• Negotiate with the Crown to reduce or avoid criminal charges

• Help you apply for early reinstatement programs, such as ignition interlock

• Protect your ability to work, travel, and support your family

• Get evidence against you excluded at trial based on violations of your rights

An impaired driving charge can be overwhelming—but you don’t have to face it alone. At Bigioni Law, we know what’s at stake and will work tirelessly to defend your rights, your licence, and your future.

We provide:

• A confidential, judgment-free consultation

• Clear advice about your options and potential outcomes

• A tailored defence strategy, focused on results

• Strong representation to help you move forward

The sooner you get legal help, the more options you have. Contact Bigioni Law today to protect your licence, your record, and your future.