• A “vehicle” or “conveyance” can be a motor vehicle, a dirt bike, an ATV, a boat, a seadoo, an e-bike, a snowmobile, a train, or a plane. Moreover, one can be charged with impaired driving or DUI, even if they are simply operating a paddleboat or canoe.
• In DUI cases, the term “care and control” often arises. What this means is that in a DUI case, the Crown must prove that the accused had care and control of the conveyance or vehicle in question. For example, even if you are standing outside of the car, and the car is not in motion, but you had the ability to put the vehicle into motion, you could still be convicted if the Court also finds that you were impaired. In DUI cases, BEWARE; you do not actually have to be driving upon arrest to be convicted.

If a person has operated a vehicle within 2 hours and is found to have 80mg of alcohol per 100ml of blood they can be charged and found guilty of this offence. This is a separate offence from DUI or impaired driving.

Refusal to provide testing samples by word or by act, or pretending to perform in an attempt to deceive, can give rise to a conviction for this offence. The penalties in some cases are even harsher than if you complied with the Officer’s demand.

Fines, driver’s license suspensions, conditions on one’s driver’s license such as an ignition interlock, or even jail time, are all possible consequences for this offence. Factors that affect the sentence are repeat convictions for this offence, whereby a mandatory minimum sentence of 30 days jail may apply, one’s level of intoxication, whether there was damage to a person or property, etc.

DUI cases can often be won by persuading the Court that either the client’s arrest, or the way breath samples, or drug evidence were obtained, was illegal as well. If this can be properly highlighted to a Court, often, the underlying evidence that the Prosecution would rely upon in a drinking and driving or DUI case is ‘thrown out’. At East Law, we have successfully defended hundreds of DUI cases. If such arguments do not arise, we have also obtained many successful resolutions whereby the penalty is as low as possible. We understand that most people MUST drive in order to maintain their livelihood. We understand how important one’s license truly is and will do everything we can to protect it.