You’re Not Alone

Impaired & Over‑80mg DUI Defence Lawyer in Brampton

Impaired Driving & DUI

Being pulled over for impaired driving or blowing over the legal limit can feel like your life is suddenly flipped upside down. You might be afraid of losing your licence, your job, or even your freedom. These charges are serious—but they don’t define you. And you don’t have to face this alone.

I’ve spent years defending people in Brampton and the Peel Region who found themselves in exactly your shoes. Whether it’s your first time or a repeat situation, I’ll walk you through your options, defend your rights, and help you fight for the best possible outcome.

What Is Impaired Driving in Ontario?

Under Canadian law, you can be charged with impaired driving if your ability to operate a vehicle is affected by alcohol, drugs, or a combination of both. This includes legal or prescription drugs if they impair your ability to drive safely.

Common charges include:

  • Impaired Driving by Alcohol or Drug
  • Driving with a Blood Alcohol Concentration (BAC) Over 80mg
  • Failure or Refusal to Provide a Breath Sample
  • Care or Control While Impaired

Even if your car wasn’t moving, simply being in care or control of the vehicle while impaired can lead to a charge.

Legal Limits and What ‘Over 80’ Means

The legal limit in Canada is a blood alcohol concentration (BAC) of 80 milligrams of alcohol in 100 millilitres of blood (0.08%). If your BAC is at or above this level, you can be charged—even if you feel fine.

For drivers under 21, novice drivers, and commercial drivers, zero tolerance rules apply. That means even a small amount of alcohol or cannabis can result in a licence suspension.

Common Real-Life Scenarios Leading to Charges

  • Leaving a Party: You had a few drinks and felt okay to drive, but a roadside test says otherwise.
  • Pulled Over After a Tip: Someone reported your driving. Police stop you and demand a sample.
  • Sleeping It Off: You’re in your car, parked, keys in hand—but police charge you with care or control.
  • Prescription Drug Confusion: You took medication legally but were unaware of its effect on driving.
Any of these can land you in court. But every case is unique—and winnable.

Penalties for Impaired or Over 80mg Driving

The penalties are steep and increase with repeat offences.

First Offence:

  • Minimum $1,000 fine
  • 1-year licence suspension
  • Enrolment in an education or treatment program
  • Ignition interlock device required for 1 year
Second Offence:
  • Minimum 30 days in jail
  • 3-year licence suspension
  • Mandatory education/treatment
  • Interlock device for at least 3 years

Third Offence:

  • Minimum 120 days in jail
  • Lifetime licence suspension (may be eligible for reinstatement after 10 years)

Additional Consequences:

  • Skyrocketing insurance premiums
  • Criminal record
  • Border crossing issues (e.g., the U.S.)
  • Employment challenges

Defence Strategies for Impaired Driving

Every case is different, and there’s no one-size-fits-all approach. Here’s how I typically help clients:

1. Challenge the Validity of the Stop
Did the officer have legal grounds to pull you over? If not, the charge could be dismissed.

2. Question the Accuracy of the Breath Sample
Breathalyser machines aren’t flawless. We can examine calibration, timing, and operator error.

3. Examine the Time Gap
Were you tested long after driving? Alcohol levels can rise over time, and that may work in your favour.

4. Raise Charter Rights Violations
If your rights were violated (e.g., no access to a lawyer), we can push to exclude evidence.

5. Argue No Intent in Care or Control Cases
If you were parked and had no intention to drive, we can fight that charge.

Should You Plead Guilty or Fight the Charge?

That’s a big question—and one I help answer case-by-case. Sometimes a guilty plea with a reduced sentence is best. Other times, fighting all the way to trial gives you a real shot at walking free. What matters most is understanding your options clearly and choosing the path that works for your future.

Why You Need a DUI Lawyer

Impaired driving law is complex, and the stakes are high. A good lawyer doesn’t just argue in court—they protect your life outside of it. I’ll explain the process in plain English, keep you informed every step of the way, and fight for your best result.

You deserve a fair shot, no matter what happened.

Let Me Help You Rebuild

Maybe it’s your first time in legal trouble. Maybe you’re worried about your job, your family, or your future. That’s normal. I’ve helped people from all walks of life—nurses, delivery drivers, construction workers, new immigrants—get through this and move on with dignity.

You’re not alone. And this one mistake doesn’t define you.

FAQ: Impaired & Over 80mg Driving Charges in Ontario

Can I get a criminal record for impaired driving?
Yes. A conviction results in a permanent criminal record unless you receive a discharge or it’s later pardoned.
Impaired driving is based on observed behaviour; Over 80 is based on your blood alcohol level.
Yes, even before trial. A 90-day administrative suspension starts right away, followed by court-imposed suspensions if convicted.
Yes. If you were in “care or control” but didn’t intend to drive, that can be a strong defence.
A device installed in your car that requires a breath test before the engine starts. Mandatory for most convicted drivers.
We can explore early reinstatement options and argue for the least disruptive outcome.

Let’s Talk Today

If you’ve been charged with impaired driving or Over 80 in Brampton or anywhere in Peel Region, don’t wait. Time matters—and your defence starts now. Your future is worth protecting. Let’s take the next step together.

Contact Gary Batasar