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What Is Impaired Driving and Over 80?

Impaired Driving is found under Section 253(1)(a) of the Criminal Code of Canada. In order to be found guilty, the Crown will have to prove beyond a reasonable doubt that your ability to operate a motor vehicle was impaired by drug or alcohol.

There are different types of physical or behavioural observations that a police may outline in a charge of Impaired Driving, such as: odour of alcohol on breath; driving in and out of lanes; an accident; bloodshot or watery eyes; slurred speech; unsteady or balance problems whilst trying to stand or walk; coordination problems, etc.

Impaired driving is a different charge from driving while having in excess of 80 mg. of alcohol in 100 ml. of blood (‘exceed’ or ‘over 80' charge). An Over 80 charge is governed under Section 253(1)(b).

On August 3, 2010, the Reduced Suspension with Ignition Interlock was a program introduced to drivers convicted for a first-time impaired driving offence under sections 253, 254, or 255(1) of the Criminal Code of Canada. Contact our lawyers to discuss if you are eligible to Stream 'A' and Stream 'B' and what both mean in terms of your rights to drive once convicted.

At Scardicchio Law Office Professional Corporation, our Criminal Lawyers have the skills and knowledge to help you defend a Impaired Driving or Over 80 charge. We regularly appear for our clients defending Impaired Driving charges in Brampton, Mississauga, Milton, Newmarket and Toronto. When you retain our office, you are hiring competent lawyers who will give you the time to explain your side of the story. We will review your disclosure once you have retained us and we will successfully defend your case in the courts. If you would like to discuss your criminal charge of DUI, Impaired Driving/Over 80 mgs of blood, please contact us at (647) 607-7529 and speak to a Criminal Lawyer immediately in a free, no-obligation telephone consultation. We want to help you through this difficult time, and our primary focus above all is to have your Impaired Driving charge vigorously defended in the courts.


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Mississauga, ON L5B 1M7

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2275 Upper Middle Road E., #101,
Oakville, ON L6H 0C3

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