Charged with impaired driving in Ottawa? Our criminal defence lawyers fight DUI charges by challenging breathalyzer results, filing Charter motions and working to have your charges withdrawn, reduced or dismissed at trial. Contact Frouhar Law for a free consultation.
Impaired driving offences in Canada fall under Part VIII.1 of the Criminal Code (sections 320.13–320.18). These are serious criminal charges — the Crown must prove specific elements beyond a reasonable doubt to secure a DUI conviction. Understanding the offence you are charged with is the first step toward building an effective defence with your Ottawa DUI lawyer.
Under section 320.14 of the Criminal Code, it is a criminal offence to operate a motor vehicle with a blood alcohol concentration exceeding 80 milligrams of alcohol per 100 millilitres of blood. This charge — commonly called “over 80” or “blowing over” — relies on breath sample results from an approved screening device or the Intoxilyzer® 8000C at the police station. To convict, the Crown must prove:
You do not need to be actively driving to face impaired driving charges in Ottawa. Under the Criminal Code, a person occupying the driver’s seat with access to the keys — even while the vehicle is parked — can be charged with care and control while impaired by alcohol or drugs. These DUI cases are fact-specific, and an experienced impaired driving lawyer can challenge the Crown’s evidence by demonstrating no realistic risk of the vehicle being set in motion.
Refusing or failing to comply with a police officer’s lawful demand for a breath sample is a separate criminal offence under section 320.15 of the Criminal Code. A refusal carries the same mandatory minimum penalties as an impaired driving or over 80 conviction. If an officer has reasonable grounds to believe you are impaired by alcohol or drugs, you are legally required to provide a roadside breath sample and, if arrested, further samples at the station.
If you have been charged with impaired driving, over 80 or refusal to provide a breath sample, do not plead guilty before speaking to an experienced criminal defence lawyer.
Impaired driving is one of the most severely punished criminal offences in Ontario. The Criminal Code imposes mandatory minimum sentences that a judge cannot reduce. Penalties for a DUI conviction escalate sharply — from fines and a driving prohibition for a first offence to mandatory jail time for repeat offenders.
A first-time impaired driving conviction in Ontario carries the following mandatory minimum penalties:
For a second impaired driving conviction, the mandatory minimum sentence is 30 days in jail and a two-year driving prohibition. A third conviction carries a minimum of 120 days in jail and a three-year driving ban. The maximum penalty for impaired driving is ten years imprisonment for an indictable offence. Where impaired driving causes bodily harm, the maximum rises to 14 years. Where it causes death, a life sentence is possible under the Criminal Code.
A drunk driving conviction in Ottawa affects your career, your criminal record, your insurance and your freedom to travel. Our impaired driving lawyers fight to keep your record clean.
Every impaired driving case is different, and the strongest defence depends on the specific facts, the police procedures followed and the quality of the Crown’s disclosure. Our Ottawa DUI lawyers review every piece of evidence — officer notes, breathalyzer calibration records, Intoxilyzer maintenance logs and witness statements — to identify defences that can lead to an acquittal, a withdrawal of charges or a reduced sentence. Common DUI defence strategies include:
Police officers must have lawful authority to stop your vehicle — either through a RIDE program checkpoint or reasonable grounds to suspect a driving offence. If the traffic stop lacked proper authority, or if officers engaged in racial profiling, any evidence collected — including breath sample results — may be excluded under the Charter.
Breath testing equipment must be properly calibrated, maintained and operated by trained technicians. Our DUI lawyers examine Intoxilyzer® 8000C maintenance logs, officer training records and the timing of breath demands to challenge the reliability and admissibility of breathalyzer results. Faulty calibration or improper operation can render breath sample evidence inadmissible at trial.
Under sections 8, 9, 10 and 24(2) of the Canadian Charter of Rights and Freedoms, evidence obtained through an unlawful search, arbitrary detention or denial of the right to counsel can be excluded at trial. Charter motions are among the most powerful tools available to impaired driving defence lawyers in Ontario. If the police violated your Charter rights during the DUI investigation — by delaying your access to a lawyer, conducting an unlawful detention or failing to inform you of your arrest — our team can bring a Charter application to have key evidence excluded.
This defence argues that your blood alcohol concentration was below the legal limit of 80 mg while you were driving, but rose above the limit by the time the breath sample was taken at the station. Expert toxicological evidence and timeline analysis between the traffic stop and testing are critical to this defence.
Our criminal lawyers have defended hundreds of impaired driving cases in Ottawa and across Ontario. We challenge the Crown’s evidence and protect your rights.
If you have been arrested for impaired driving in Ottawa, the steps you take immediately after your DUI arrest can significantly affect the outcome of your case:
Exercise your right to counsel immediately. When police inform you of your right to speak with a lawyer, call one. Do not make statements beyond providing basic identification.
Do not refuse a breath demand. Refusing to provide a breath sample when lawfully demanded is a separate criminal offence carrying the same penalties as an impaired driving conviction.
Document the details of your DUI arrest. Write down everything you remember — the reason for the traffic stop, the officer's conduct, whether you were informed of your right to counsel, the timing of the breath tests and the conditions at the roadside.
Do not face impaired driving charges alone. Our Ottawa DUI lawyers provide aggressive, experienced defence for clients charged with drunk driving, over 80, care and control, refusal and all related offences under the Criminal Code.
A first offence carries a mandatory minimum $1,000 fine, a one-year driving prohibition, a permanent criminal record and required completion of the Back on Track program. You will also need to install an ignition interlock device at your own cost before your licence is reinstated. Insurance rates typically increase dramatically for several years following a conviction.
Yes. Impaired driving charges can be withdrawn, dismissed at trial or reduced through plea negotiations depending on the strength of the Crown’s evidence. Common grounds for dismissal include Charter rights violations, unreliable breathalyzer or Intoxilyzer test results, lack of reasonable grounds for the traffic stop and procedural errors by the police officer during the DUI investigation.
A DUI conviction results in a permanent criminal record that can affect employment opportunities, professional licensing and international travel. Canadian citizens with an impaired driving conviction may be denied entry to the United States by U.S. Customs and Border Protection. For non-citizens in Canada, a criminal conviction for drunk driving can trigger inadmissibility and potential deportation under immigration law.
An impaired driving conviction remains on your criminal record permanently unless you obtain a record suspension (formerly called a pardon). You may apply for a record suspension five years after completing your sentence, including all fines and probation. Until granted, your DUI conviction will appear on police background checks affecting employment and travel.
The Ontario ignition interlock program allows first-time DUI offenders to resume driving after a reduced licence suspension by installing an ignition interlock device in their vehicle. The device requires a zero-alcohol breath sample before the engine will start. Eligibility depends on the number of prior impaired driving offences and the specifics of your sentence.
A DUI charge in Ottawa can change the course of your life. An impaired driving conviction under the Criminal Code of Canada carries mandatory minimum penalties — including heavy fines, a driving prohibition, a permanent criminal record and jail time. Whether you were stopped at a RIDE checkpoint, pulled over by the Ottawa Police Service or arrested by the Ontario Provincial Police, the consequences of a drunk driving conviction affect your employment, your licence, your insurance, your immigration status and your ability to travel internationally.
With experienced criminal defence lawyers on your side, you stand the strongest chance of having charges withdrawn, reduced or dismissed.
Our criminal defence firm represents clients facing impaired driving charges throughout Ottawa, Eastern Ontario and surrounding communities. Whether your case involves alcohol-related driving offences, drug charges or other criminal matters, our legal team is here to fight for your rights. Call 613.238.2000 or contact us online for your free consultation.
