- The answer is yes.
- Drunk driving is the slang term for the criminal charge known as driving while impaired or driving under the influence of alcohol.
- Under the Criminal Code of Canada, you are guilty of a drunk driving offence in the event you have more than 80 milligrams of alcohol per 100 millilitres of blood.
- When you get stopped by the Police and they believe you are under the influence of alcohol, they will ask you to take a breathalyzer test.
- Under the Criminal Code of Canada, you cannot refuse to take that breathalyzer test.
- If you refuse to take that roadside breathalyzer test, then you will be charged with a Refusing Breathalyzer test.
- And the penalties for refusing to take the breathalyzer test are the same as if you took the test and failed.
- Assuming you do NOT refuse to take the breathalyzer test, the results on that roadside test are either pass or fail.
- If you pass that breathalyzer test, then the Police will not charge you with an alcohol related offence.
- But the Police may still charge you for other non-alcohol related matters.
- For example, the Police may lay charges under the Highway Traffic Act.
- However, if you fail that roadside breathalyzer test, the Police will arrest you and take you to the Police station where you will be tested again.
- At the Police station, your blood alcohol readings will be tested again using a more sophisticated breathalyzer device.
- And the test will be administered by a technician who has been trained to operate that specific breathalyzer machine.
- You will be asked to blow into the device for two separate breath samples.
- Those breath samples will be taken at least 15 minutes apart.
- The readings from those breath samples will be used in the evidence to convict you of your drunk driving charge.
Resources: How To Get Out of a DUI First Offence
► How to get out of a DUI first offence? Part 1
► How to get out of a DUI first offence – Part 2 (4 Things You Need To Know)
► How to get out of a DUI first offence – Part 3 “Careless to DUI – The Penalties”
► How to get out of a DUI first offence – Part 4 “Careless to DUI – Should I Plead Guilty”
► How to get out of a DUI first offence. Part 5 – Talk to the Judge? (NO!!!!)
Is drunk driving a criminal offence in Ontario?
Yes, drunk driving is a criminal offence in Ontario and is also known as impaired driving or driving under the influence (DUI). The Ontario Highway Traffic Act and the Criminal Code of Canada both provide that it is illegal to operate a motor vehicle while impaired by alcohol or drugs.
What are the penalties for drunk driving in Ontario?
The penalties for drunk driving in Ontario can be severe and can include fines, license suspension, a criminal record, and potential imprisonment. The exact penalties will depend on the circumstances of the case, such as the level of impairment, prior convictions, and any damage caused. It's important to seek the advice of a qualified DUI lawyer if you've been charged with drunk driving in Ontario.
