Practice Area
Impaired Driving Defence
An impaired driving allegation depends on the officer's observations — a subjective foundation that is often successfully challenged.
Overview
Understanding the charge.
Impaired driving under section 320.14(1)(a) of the Criminal Code alleges that your ability to operate a motor vehicle was impaired to any degree by alcohol, a drug, or a combination of both. Unlike Over 80, the Crown must prove actual impairment — not simply a breath reading.
These cases turn on the officer's observations of your driving, your appearance, and your performance on standardized field sobriety testing. Because those observations are subjective, impaired driving charges are frequently defensible.
Penalties & Consequences
What's at stake if you're convicted.
- Mandatory criminal record on conviction
- Minimum 1-year driving prohibition on a first offence
- Mandatory Ignition Interlock, Back on Track, and Ministry reinstatement steps
- Immigration, professional licensing, and cross-border travel consequences
- Substantial long-term insurance impact
Defences
Where these cases are most often won.
- Insufficient grounds for the arrest under section 320.27
- Alternative explanations for observed symptoms (fatigue, medical conditions, injury)
- Improperly administered Standardized Field Sobriety Tests (SFST)
- Breach of section 10(b) Charter right to counsel or unreasonable delay
- Weaknesses in officer notes, in-car video, and civilian witness accounts
The Process
How we defend your file.
Case intake
We meet with you (in person, phone, or video) and gather everything you remember about the stop and investigation.
Investigation audit
Our former-officer review team analyzes each stage of the investigation for procedural and Charter issues.
Trial or resolution
We pursue withdrawal or a favourable resolution where possible — and take the case to trial when that is the right call.
Included in every retainer
A DUI-focused lawyer — plus former officers and experts.
Every impaired driving defence file we accept is reviewed by our team of former police officers and DUI experts, at no additional cost. This second layer of investigative analysis is included in every flat-fee retainer.
- Case review by former police officers
- Expert analysis of testing and procedures
- Full Charter and evidence review
- Direct lawyer contact — not a case manager
- Flat-fee, no-surprises pricing
Related Practice Areas
Other impaired driving charges we defend.
Over 80
Defence for charges of operating a vehicle with a blood alcohol concentration over the legal limit.
Learn moreRefusal to Provide a Sample
Defence for charges of refusing or failing to comply with a lawful demand for a breath sample.
Learn moreImpaired by Drug
Defence for allegations of drug-impaired driving, including DRE assessments.
Learn moreRecognized By
Trusted memberships & professional affiliations
- Law Society of Ontario
- Court of Appeal of Ontario
- Criminal Lawyers Association
- Canadian Bar Association
- Brampton Board of Trade
- Halton Hills Chamber of Commerce
- Caledon Chamber of Commerce
- Mississauga Board of Trade
- Justia
Free & Confidential Consultation
Charged with a DUI? Every hour matters.
Speak directly with our team. We'll review the details of your charge, explain your options, and outline the defence strategy — with no obligation.