Learn About DUI

DUI Charges Explained

What is impaired driving?

Ontario Ministry of Transportation defines the term “impaired driving” as “driving any motorized vehicle which includes off-road vehicles while your ability is affected by alcohol, drugs, or both.” This charge is a severe offense and can lead to jail time, license suspension or loss, hefty fines, and driver’s license points.

Throughout Canada, the maximum legal blood alcohol concentration for fully licensed drivers is to be under 80 milligrams of alcohol in 100 milliliters of blood. If your blood alcohol level is above this point, it is considered to be a criminal offense. You can also face a severe consequence if your blood alcohol is between 0.05 and 0.08, which is commonly known as the warning range.

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What is DUI over 80?

DUI over 80 is a commonly used term, which means an individual operating a vehicle with more than 80mg of alcohol for every 100ml of blood in their system. The difference between an over 80 and an impaired charge is alcohol tolerance in a person’s bloodstream. Both charges are dangerous and considered criminal actions. This is determined by the police officer what your BAC is. This is done by the police pulling you over and having you take a breathalyzer test if they suspect you may be under the influence of alcohol.

Are there Insurance Protections Available?

In case you are injured in a car accident due to another party’s negligence, you can be eligible for a tort claim and no-fault accident claims. Accident benefits will cover losses like medical treatment, lost wages, attendant care, and rehabilitation services.

However, there are some instances that childcare, home maintenance costs, and housekeeping can be included in the no-fault benefits. If you have an auto insurance policy, your insurance company will pay the benefits based on eligibility requirements. If you do not have auto insurance, the benefits may be paid by the vehicle owner’s or at-fault driver’s insurance company.

As for the tort claim, it refers to the lawsuit where you can obtain a compensation for the additional losses, pain and suffering and future losses potentially available. This includes your lost future income, costs of future care, housekeeping requirements, as well as the out-of-pocket expenses. These additional losses are not always covered by your accident benefits claim.

Are the Police Able to Make Me Take A Breathalyzer Test?

If a police officer instructs a driver to take a breathalyzer test and they refuse to take it, that person will be charged with resisting or failing to comply with police officers’ requests. In Court, the Crown must be able to prove beyond a reasonable doubt that the individual was indeed under the influence of alcohol. This is a criminal charge that you do not want to try to fight on your own and therefore should seek the help of a DUI Lawyer to fight your case for you as they have the legal experience that will put your rights first.

Criminal Record for DUI Charge?

Yes, being found guilty of impaired driving or Over 80 will go onto your criminal record. A criminal record can be seen by anyone who may want to investigate your background, such as an employer, border patrol agents, and 3rd party criminal background checks sometimes involving credit lenders. If you have any chance on getting off of an impaired charge or Over 80 in order to avoid a criminal record the best decision you can make is calling a DUI Lawyer.

My name is Ryan Manilla and I am a Toronto Criminal Lawyer. I have the DUI defense experience you need in court. Call or text me now at 416-320-2020

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