Practice Areas

Impaired Driving Defence

DUI · Over 80 · Refusal to Provide a Sample · Dangerous Driving

An impaired driving charge is a serious criminal offence in Canada. A conviction means a permanent criminal record, mandatory driving prohibition, fines, and potentially jail. Zi Wang focuses on impaired driving defence — examining the evidence, procedural compliance, and Charter rights to build the strongest possible defence for each client.

Types of impaired driving charges

Impaired operation

Driving while your ability to operate a vehicle is impaired by alcohol or a drug. The Crown does not need to prove your blood alcohol concentration exceeded a specific limit — only that your ability was impaired.

Over 80 (blood alcohol concentration over 80 mg)

Operating a vehicle with a blood alcohol concentration (BAC) over 80 milligrams of alcohol per 100 millilitres of blood. This is a separate offence from impaired operation and both can be charged at the same time.

Refusal / failure to provide a sample

Refusing or failing to comply with a demand to provide a breath or blood sample is itself a criminal offence, carrying the same penalties as impaired driving.

Dangerous driving

Operating a vehicle in a manner that is dangerous to the public. Where bodily harm or death results, more serious charges apply.

Careless driving (Highway Traffic Act)

A provincial offence rather than a criminal charge, but still serious — it can result in demerit points, insurance consequences, and licence suspension.

Key issues in impaired driving defence

Every impaired driving case involves technical and legal issues that require careful analysis. When reviewing a file, Zi Wang examines:

—Did police have reasonable grounds to stop the vehicle?

—Was the approved screening device (ASD) demand made lawfully?

—Were the approved instrument (Intoxilyzer) readings taken within the required time?

—Was the instrument properly calibrated and maintained?

—Were Charter rights under ss. 8, 9, and 10 respected?

—Is there a basis to exclude evidence under s. 24(2) of the Charter?

—Was the mandatory observation period followed?

—Are there medical or physiological factors affecting the readings?

Consequences of a conviction

A first conviction for impaired driving carries a minimum $1,000 fine and a one-year driving prohibition. Subsequent convictions carry mandatory jail time. A criminal record can affect employment, travel (including entry to the United States), and immigration status.

For non-citizens, a criminal conviction may trigger immigration consequences including removal proceedings. If you are facing an impaired driving charge and have immigration concerns, it is important to obtain legal advice promptly.

Facing an impaired driving charge?

A first conversation is confidential and costs you nothing. I will tell you honestly what I see in your case. Services in English and Mandarin.

Contact Wang Zi Criminal Defence 437-858-0868