Daniel K Topp, Impaired Driving Lawyer in Windsor

According to new impaired driving laws in Windsor, Ontario, impaired driving offences aren't just limited to cars. Impaired driving can apply to all motor vehicles, including but not limited to, snowmobiles, all-terrain vehicles (ATV), boats, and even aircraft and railway equipment.

If you are in the care of, or operating a motor vehicle, whether it is in motion or not, now or within the past 3 hours, and you are impaired, you can be charged with impaired driving in Ontario.

Police officers and authorities that have reasonable grounds to think you may be impaired in your vehicle can demand that you submit for an evaluation to confirm their suspicions. Failure to comply results in impaired driving charges; these impaired driving penalties carry the same weight as if you were caught driving impaired.

Reasonable suspicion can occur, for example, if a driver has an odour of an alcoholic beverage on their breath, or if they admit they had a drink. If this is the case, you may be required to perform a Standard Field Sobriety Test, which is made up of a set of physical activities to evaluate your sobriety.

You may also be required to submit to a Blood Alcohol Concentration (BAC) test. If you register a significantly high BAC (0.05 < BAC < 0.08), you may still be subject to impaired driving penalties. If you are convicted of impaired driving (BAC > 0.08), you are subject to the following charges:

• First offence - $1,500 fine and a 12-month driving prohibition;
• Second offence - 30 days of jail time and a 24-month driving prohibition;
• Third or subsequent offence - 120 days of jail time and a 36-month driving prohibition.

Please note that if it's determined that the the officer can't justify their reasonable grounds, it could be a violation of your rights. These subtleties of criminal law aren't common knowledge, so if you're facing impaired driving offences, you'll need experience on your side to defend your case and protect your rights.

If you find yourself facing impaired driving charges in Windsor, Essex, Chatham, or the Sudbury region, contact my Windsor law office immediately for further consultation, and we can come up with the best strategy to protect your rights, or build a defence if your case goes to trial.

My law firm has defended clients from impaired driving offences for the better part of the past 20 years, and we can do the same for you.