Impaired Driving Defence

Impaired Driving/Over 80 or "DUI" charges are the most common reason that ordinary citizens come into contact with the criminal justice system. Being charged and convicted with a drinking and driving offence can have drastic consequences to a person's life and liberty. A criminal record, a mandatory fine and a driving prohibition are among those consequences.

If facing such a charge, it is essential to have someone in your corner who knows the law of impaired driving, someone who will look for creative legal defences including Charter of Rights motions to exclude evidence. Carl's commitment to you is to look for those defences and make them work to your advantage.

Types of Impaired Driving-related offences

  • Impaired Operation (or Care & Control) of a Motor Vehicle
  • Operate Motor Vehicle With Blood Alcohol Concentration Over .08 ("Over 80")
  • Refuse or Fail to Provide Breath Sample (either for Approved Screening Device or Breathalyzer)

Potential Consequences

  • Automatic 90-day driver's licence suspension upon being charged
  • Mandatory Addictions Foundation of Manitoba (AFM) Assessment to have licence reinstated (costing over $600)
  • Impoundment of motor vehicle (and costly impound fees)
  • Having to attend court for multiple appearances
  • Upon conviction for a first offence, a fine of at least $1,000 and a 1 year driving prohibition
  • Upon conviction for a second or subsequent offence, a mandatory jail sentence: 30 days for a second conviction; 120 days for a third or subsequent offence
  • Mandatory registration in the Ignition Interlock Program (costs estimated at $2,000)

As you can see, the consequences of being charged with a drinking and driving offence are onerous. All the more reason to have a criminal defence lawyer in your corner, and a former prosecutor at that. If you want to retain the services of O'Brien Law Office, call now.