DUI Lawyer Ottawa — Impaired Driving Defence
Impaired driving charges in Ontario — what you’re facing
If you’ve been charged with impaired driving in Ontario, you’re likely facing two separate Criminal Code offences and you need to beat both to avoid a criminal record. Impaired driving is the most common reason people come into contact with the criminal justice system, and significant defences exist at every stage: technical, constitutional, and factual. Hiring the right defence lawyer early can make a real difference.
Get in touch for a free consult on your case or call (613) 233-0008
How Armoured Suits defends impaired driving charges
There are significant defences available to impaired driving charges. Armoured Suits will review the full Crown disclosure in your case to identify every viable avenue.
Standard defences we examine:
- Whether you were the driver of the vehicle at the relevant time
- Whether the breathalyzer was functioning correctly and was properly calibrated
- Whether the demand to provide a breath sample was properly made and understood
- Whether you physically could not provide a sample
- Whether the vehicle was capable of being moved
Charter defences:
The Canadian Charter of Rights and Freedoms creates additional grounds for challenge when police make procedural errors. Successful Charter defences have included:
- The roadside demand was not made as soon as practicable — an unjustified delay
- Police were not legally entitled to detain you and make a breath demand
- You were not informed of your right to counsel — or not informed quickly enough
- Police interfered with your ability to implement your right to counsel
A successful Charter application can result in the breathalyzer evidence being excluded entirely. Without that evidence, the Crown frequently cannot prove its case.
| Offence | Minimum fine | Licence suspension |
|---|---|---|
| First | $1,000 | 12 months |
| Second | 30 days imprisonment | 2 years |
| Third+ | 120 days imprisonment | 3+ years |
Request a Free Phone Consultation
Please fill out the form below to inquire about a free 30-min phone consultation. We will respond to your inquiry within 3 hours or call us at (613) 233-0008
How Armoured Suits defends impaired driving charges
There are significant defences available to impaired driving charges. Armoured Suits will review the full Crown disclosure in your case to identify every viable avenue.
Standard defences we examine:
- Whether you were the driver of the vehicle at the relevant time
- Whether the breathalyzer was functioning correctly and was properly calibrated
- Whether the demand to provide a breath sample was properly made and understood
- Whether you physically could not provide a sample
- Whether the vehicle was capable of being moved
Charter defences:
The Canadian Charter of Rights and Freedoms creates additional grounds for challenge when police make procedural errors. Successful Charter defences have included:
- The roadside demand was not made as soon as practicable — an unjustified delay
- Police were not legally entitled to detain you and make a breath demand
- You were not informed of your right to counsel — or not informed quickly enough
- Police interfered with your ability to implement your right to counsel
A successful Charter application can result in the breathalyzer evidence being excluded entirely. Without that evidence, the Crown frequently cannot prove its case.
Frequently asked questions about DUI charges in Ottawa
What is the difference between “DUI” and “impaired driving” in Canada?
“DUI” is American terminology. In Canada, the charge is called “impaired operation” under the Criminal Code of Canada. If you were charged in Ontario, your paperwork will reference the Criminal Code — but the two terms describe the same type of offence.
What happens at my first court appearance?
No plea is entered at a first appearance. Your lawyer will request disclosure — all the evidence the Crown intends to use against you. This is the starting point for your defence, and it’s why retaining a lawyer before your first appearance matters.
Can impaired driving charges be reduced or withdrawn?
Yes. Charges can be withdrawn if the evidence is insufficient, if there are Charter issues with how the investigation was conducted, or if a resolution is negotiated. Whether that’s possible in your case depends entirely on the specific facts — which is exactly what a defence lawyer will assess.
Do I need a lawyer for a first offence?
Yes. A first-offence conviction carries a criminal record, a licence suspension, and mandatory fines. The available defences are technical — breathalyzer reliability, Charter rights, demand procedures — and require a lawyer who regularly practises impaired driving law.
Armoured Suits can help you navigate the legal process
