Facing a DUI charge is overwhelming — but the right DUI lawyer can make the difference between a criminal conviction and a dismissed case. At Frouhar Law, our criminal defence lawyers defend impaired driving charges, DWI offences, over 80 allegations, breath test refusals, and drug impaired driving cases across Ontario courtrooms.
Contact us today for a free consultation with an experienced DUI lawyer.
*Frouhar Law does not provide legal advice, nor does it represent or act on behalf of any individual without the appropriate signed documents, confirmation and a formally executed retainer agreement.
Our DUI lawyers combine deep knowledge of breathalyzer science, Intoxilyzer procedures, and Charter motion strategy with aggressive courtroom advocacy. Whether you were stopped at a RIDE checkpoint, charged with drunk driving, or facing care and control allegations, we build defence strategies designed to challenge the evidence and protect your future.
Our firm stays current on case law developments, legislative changes, and evolving breath testing technology to give every client the strongest possible defence. Contact us today for a free consultation with an experienced DUI lawyer.
The Criminal Code of Canada defines several distinct drinking and driving offences. Understanding the specific charge you face is the first step toward building an effective defence.
Under Section 320.14 of the Criminal Code, impaired driving occurs when a person operates or has care and control of a motor vehicle while their ability to drive is impaired to any degree by alcohol, drugs, or a combination of both. The Crown does not need to prove a specific blood alcohol concentration — observable signs of impairment such as erratic driving, slurred speech, bloodshot eyes, or loss of coordination are sufficient to support a charge.
A separate Criminal Code offence is committed when a driver’s blood alcohol concentration exceeds 80 milligrams of alcohol per 100 millilitres of blood. This charge relies on breath or blood sample results collected by police using an Approved Screening Device at roadside and the Intoxilyzer® 8000C at the station. A person can be charged with both impaired driving and over 80 from the same incident.
You do not need to be actively driving to face impaired driving charges. If you are found intoxicated in the driver’s seat of a parked vehicle with access to the keys, the Crown can charge you with care and control under the Criminal Code. The prosecution must prove there was a realistic risk you could set the vehicle in motion. Common care and control scenarios include sleeping in a parked car after drinking or sitting in a vehicle with the engine running to stay warm.
When a police officer makes a lawful demand for a breath sample — whether roadside or at the station using the Intoxilyzer — you are legally required to comply. Refusing or failing to provide an adequate sample is a criminal offence carrying the same mandatory minimum penalties as an impaired driving conviction, including fines, licence suspension, and a permanent criminal record.
Impaired driving charges also apply when impairment is caused by cannabis, prescription medication, or illegal drugs. Police may use Drug Recognition Expert evaluations and Standard Field Sobriety Testing to assess drug impairment. Since cannabis legalization under the Cannabis Act, drug impaired driving enforcement has intensified across Ontario.
Dangerous operation of a motor vehicle is a separate Criminal Code offence often charged alongside impaired driving in cases involving collisions, excessive speed, or erratic driving behaviour. Dangerous driving penalties include up to 10 years imprisonment when bodily harm results and life imprisonment in cases involving death. A DUI lawyer experienced in defending dangerous driving charges can challenge the Crown’s evidence on both the impairment and the manner of driving.
Every DUI charge carries mandatory penalties — but the right defence strategy can change the outcome. Talk to our DUI lawyers before your first court date.
Understanding the DUI arrest process in Ontario helps you protect your rights from the moment police initiate a traffic stop through to your release on bail conditions.
Most impaired driving charges begin at a RIDE program checkpoint, a roving check stop by the Ontario Provincial Police, or a traffic stop based on observed driving behaviour. Police can demand a roadside breath sample from any driver they lawfully stop. If the Approved Screening Device registers a fail or the officer observes signs of impairment, you will be arrested.
Upon arrest, police must inform you of the reason for detention and your right to counsel under Section 10(b) of the Canadian Charter of Rights and Freedoms. Exercise this right immediately and contact a DUI lawyer before providing any statements to police.
Two evidentiary breath samples are collected at the police station using a breathalyzer. These samples, not the roadside screening result, form the admissible evidence the Crown relies on to prove the over 80 charge. Strict procedural requirements govern calibration, maintenance, and operation of the instrument.
Following a DUI arrest in Ontario, you face an immediate 90-day administrative licence suspension and 7-day vehicle impoundment before any criminal conviction. Bail conditions typically include a driving prohibition and abstaining from alcohol.
The Criminal Code imposes mandatory minimum penalties for all impaired driving convictions. These sentences cannot be reduced by a judge.
The maximum penalty for a standard impaired driving indictable offence is 10 years imprisonment. Impaired driving causing bodily harm carries up to 14 years. Impaired driving causing death carries a maximum sentence of life imprisonment.
A first-offence DUI conviction means a criminal record, licence suspension, and thousands in fines and program costs. Our impaired driving lawyers fight to keep your record clean.
Our DUI lawyers bring focused trial experience defending impaired driving, DWI, over 80, care and control, breath test refusal, and drug impaired driving charges across Ontario courts. We understand breathalyzer science, Intoxilyzer calibration, and the procedural rules police must follow.
Our defence strategies are built on current case law and Charter motion practice, backed by broad criminal law expertise that gives us the resources to retain toxicologists, accident reconstructionists, and expert witnesses when your case demands it.
Charged with DUI, DWI, impaired driving, over 80, care and control, breath test refusal, or dangerous driving? Contact Frouhar Law today. Our impaired driving lawyers offer free consultations to review your case, explain your defence options, and start building your strategy immediately.
Yes. DUI charges can be dismissed if police failed to follow proper procedures, Charter rights were violated, breath testing equipment was improperly calibrated, or evidence does not support the charge. An experienced DUI lawyer reviews the investigation to identify grounds for dismissal or acquittal.
DUI (driving under the influence) and DWI (driving while impaired) are informal terms — neither is an official Criminal Code offence name. The actual charges are impaired driving, over 80mg blood alcohol concentration, refusal to provide a sample, and dangerous operation. DUI and DWI describe any drinking and driving or drug impaired driving charge.
Yes. A first-offence impaired driving conviction results in a permanent criminal record, minimum $1,000 fine, and minimum 1-year driving prohibition. Consulting a DUI lawyer before pleading guilty is critical — viable defences may result in the charge being dismissed.
A DUI conviction may result in denied entry at the US border. US Customs and Border Protection officers have discretion to refuse admission. A US entry waiver may be required for cross-border travel.
A first-time DUI conviction stays on your driving record for 3 years without licence suspension, 6 years with suspension. Multiple convictions may remain indefinitely. The criminal record is separate and permanent unless a record suspension (pardon) is granted.
Never. Impaired driving law is technically complex, and viable defences — Charter rights violations, breathalyzer calibration issues, procedural errors — are not obvious without legal expertise. Pleading guilty without a DUI lawyer means potentially giving up a strong defence.
The criminal limit is 80 milligrams of alcohol per 100 millilitres of blood (“over 80” or “.08”). Ontario also imposes administrative penalties in the warn range between 0.05 and 0.08 BAC, including a 3-day licence suspension for a first occurrence.
