Over 80 (DUI) s.253(b) Criminal Code of Canada

Although the terms DWI  (impaired driving) and DUI  (over 80) are often used interchangeably, they are two separate and distinct offences. Conviction on either charge carries the same penalty and it is therefore necessary to win both.

In Canada DWI is referred to as “impaired driving”. This offence simply relates to a person’s physical ability to operate a motor vehicle, ie. is the ability to operate a motor vehicle is impaired by ingestion of alcohol and/or drug.

In Canada DUI is referred to as “drive over 80”. This offence creates a blood/alcohol level that the Government has determined no person should be permitted to operate a motor vehicle above. An individual may show absolutely no signs of impairment but still be over 80 milligrams of alcohol per 100 mg of blood.

Choosing the right lawyer is crucial when facing charges of DUI/over 80 and/or DWI/impaired.

You should never plead guilty to a DUI (over 80) or a DWI (impaired driving) without first consulting a lawyer. At Daley, Byers we have a team of experienced lawyers (both senior partners have over 30 years of experience and are recognized in this area of defence work). The lawyers have a number of leading cases reported and have a very high success rate. Ken Byers has been qualified by the Ontario Court of Justice as an expert in over 80 and impaired driving law. The firm also has a team of experts in toxicology and accident reconstruction to provide the absolute best legal defence. We fight  for your rights and our success rate is high. We have impaired driving (dwi)/ over 80 (dui) charges dismissed after trial or withdrawn in the courts every week.

Criminal Defense – High Success Rate in Court

We have an extremely high success rate in having our clients’ cases dismissed, or the charges reduced by the courts. You will require prompt, knowledgeable and applicable advice that you can only get from experienced courtroom lawyers. We are here to provide the 24-hour service you will require.

Possible consequences of a DUI Charge

For a first time offender, they can include:

• Criminal record which can impact employment opportunities, and travel outside the country
• Fines of $1,000 or more
• Driving Prohibition on any street, road, highway or any public place for 1 – 3 years (subject to interlock stream eligibility)
• Installation of Ignition Control device in any motor vehicle you operate for 12 months (cost approximately $125.00 per month, subject to stream eligibility)
• Requirement to complete the Back on Track course program (cost approximately $500.00)
• Extremely high surcharges for car insurance (can be 4 to 5 times current rate).

The penalties become more severe for subsequent offences including mandatory jail time.

It is in your best interest to fight these changes, at every level. At the very least you should obtain a legal opinion as to your likelihood of success. This area of law is complicated and requires knowledgeable and experienced counsel.

DUI Lawyers & Experts in Impaired Over 80 Criminal Law

“Highly recommended for any criminal charges, especially drinking and driving, Mr. Byers uses all the tools in court to have the charges dismissed. He’s a fighter, and that’s who you need, trust me I’ve seen him in action and he is good.” – Arthur M.