Impaired Driving Defence
An impaired driving allegation depends on the officer’s observations — a subjective foundation that is often successfully challenged.
Overview
Understanding the charge.
Impaired driving under section 320.14(1)(a) of the Criminal Code alleges that your ability to operate a motor vehicle was impaired to any degree by alcohol, a drug, or a combination of both. Unlike Over 80, the Crown must prove actual impairment — not simply a breath reading.
These cases turn on the officer’s observations of your driving, your appearance, and your performance on standardized field sobriety testing. Because those observations are subjective, impaired driving charges are frequently defensible.
Facing this charge?
Consultations are free and available 24/7. Every retainer includes a case review by former police officers and DUI experts.
Penalties & Consequences
What's at stake if you're convicted.
Mandatory criminal record on conviction
Minimum 1-year driving prohibition on a first offence
Mandatory Ignition Interlock, Back on Track, and Ministry reinstatement steps
Immigration, professional licensing, and cross-border travel consequences
Substantial long-term insurance impact
Defences
Where these cases are most often won.
Insufficient grounds for the arrest under section 320.27
Alternative explanations for observed symptoms (fatigue, medical conditions, injury)
Improperly administered Standardized Field Sobriety Tests (SFST)
Breach of section 10(b) Charter right to counsel or unreasonable delay
Weaknesses in officer notes, in-car video, and civilian witness accounts
The Process
How we defend your file.
01
Case intake
We meet with you (in person, phone, or video) and gather everything you remember about the stop and investigation.
02
Investigation audit
Our former-officer review team analyzes each stage of the investigation for procedural and Charter issues.
03
Trial or resolution
We pursue withdrawal or a favourable resolution where possible — and take the case to trial when that is the right call.
Included in every retainer
A DUI-focused lawyer — plus former officers and experts.
Every impaired driving defence file we accept is reviewed by our team of former police officers and DUI experts, at no additional cost. This second layer of investigative analysis is included in every flat-fee retainer.
Case review by former police officers
Expert analysis of testing and procedures
Full Charter and evidence review
Direct lawyer contact — not a case manager
Flat-fee, no-surprises pricing
Related Practice Areas
Other impaired driving charges we defend.
Over 80
Defence for charges of operating a vehicle with a blood alcohol concentration over the legal limit.
Learn More 🠮
Refusal to Provide a Sample
Defence for charges of refusing or failing to comply with a lawful demand for a breath sample.
Learn More 🠮
Impaired by Drug
Defence for allegations of drug-impaired driving, including DRE assessments.
Learn More 🠮
Recognized By
Trusted memberships & professional affiliations
Law Society of Ontario
Court of Appeal of Ontario
Criminal Lawyers Association
Canadian Bar Association
Brampton Board of Trade
Halton Hills Chamber of Commerce
Caledon Chamber of Commerce
Mississauga Board of Trade
Justia
Free & Confidential Consultation
Charged with a DUI? Every hour matters.
Speak directly with our team. We’ll review the details of your charge, explain your options, and outline the defence strategy — with no obligation.