Ottawa DUI & Impaired Driving Lawyer

If you have been charged with impaired driving in Ottawa, what you do next can shape the rest of your life. A drinking and driving conviction means a criminal record, an automatic licence suspension, steep fines, soaring insurance costs and possible jail time. Brett McGarry is an Ottawa DUI lawyer who defends people charged with impaired driving, “over 80,” refusing a breath sample and care-and-control offences across Ottawa and the surrounding region.

Impaired driving law is one of the most technical areas of criminal law in Canada. The police take a sample of your breath without a warrant and use it against you in court, and they must follow strict rules to do so. When those rules are broken, the evidence can be challenged or excluded. This page explains the charges you may be facing, the penalties under Ontario and federal law, the defences that may apply, and how Brett McGarry can help you protect your licence, your record and your future.

Call 613-884-8576 for a free 30-minute consultation.

Impaired Driving and DUI Offences in Ontario

“DUI” is the common term for a group of drinking and driving offences under the Criminal Code of Canada. You can be charged with one or more of the following:

• Impaired driving. Operating a vehicle while your ability to drive is affected by alcohol or drugs. Evidence can include erratic driving, slurred speech, the odour of alcohol, bloodshot eyes or poor coordination.
• Over 80. Operating a vehicle with a blood alcohol concentration (BAC) of 80 milligrams or more per 100 millilitres of blood, proven through an approved instrument such as the Intoxilyzer 8000C at the station, not the roadside device.
• Refusing or failing to provide a breath sample. When an officer makes a lawful demand, you must comply. Refusal carries the same penalties as an impaired driving or over 80 conviction.
• Care and control. You can be charged even if the vehicle never moved. A person found in the driver’s seat after drinking, even while parked, can face a care-and-control charge.
• Drug-impaired driving. Impairment by cannabis, prescription medication or other drugs is also an offence. Police may use a drug recognition evaluation or demand a blood sample.
• Dangerous driving. Often laid alongside impaired driving charges where the manner of driving is alleged to have endangered the public.

Both the Ontario Provincial Police and the Ottawa Police Service enforce these laws and conduct roadside checks. Since December 2018, officers can demand a breath sample from any lawfully stopped driver without first suspecting you have been drinking (mandatory alcohol screening). These charges threaten your employment, your ability to drive and your reputation, which is why it is critical to speak with an experienced Ottawa DUI lawyer before doing anything else.

Penalties for Impaired Driving in Ontario

A drinking and driving conviction carries mandatory minimum penalties set by the Criminal Code, plus separate administrative penalties imposed by the Province of Ontario. Even a first offence leaves you with a permanent criminal record.

Criminal Code minimum penalties

First offence: a criminal record; a minimum $1,000 fine (at least $1,500 for a BAC of 120-159, and at least $2,000 for a BAC of 160 or more, or for refusing a breath sample); and a minimum one-year driving prohibition.

Second offence: a mandatory minimum 30 days in jail and a minimum two-year driving prohibition.

Third and subsequent offence: a mandatory minimum 120 days in jail and a minimum three-year driving prohibition.

The maximum penalty for impaired driving is up to 10 years in prison. Where impaired driving causes bodily harm the maximum is 14 years, and where it causes death the maximum is life imprisonment.

Ontario administrative penalties

In addition to the criminal penalties, Ontario imposes immediate consequences the moment you are charged or register a failed test:

• Immediate 90-day administrative licence suspension
• 7-day vehicle impoundment
• A licence reinstatement fee
• Mandatory “Back on Track” remedial program
• Mandatory ignition interlock device, installed and paid for by you, before full driving privileges resume
• Significant, long-lasting increases to your insurance premiums

These costs add up quickly and follow you for years. Fighting the charge is almost always worth it before you accept consequences this serious.

Do Not Just Plead Guilty

Most people charged with impaired driving have never been in trouble with the law before, and the instinct is often to plead guilty and “get it over with.” This is usually a mistake. Pleading guilty results in a criminal record, the mandatory minimum penalties, and all the financial and personal consequences that follow.

Impaired driving cases are not open and shut. Because the law is so technical, there are many defences based on Charter rights and procedural requirements that you would have no way of knowing about on your own. If you plead guilty before consulting an experienced Ottawa DUI lawyer, you may be giving up a strong defence without ever knowing it existed.

How Brett McGarry Builds Your DUI Defence

As an Ottawa impaired driving lawyer, Brett McGarry analyzes every case from every possible angle. If there is a defence, he will find it.

• Case review. We request and review the entire prosecution file, from the arresting officer’s notes to the technical specifications and maintenance records of the breath instrument. Small errors in how evidence was gathered can have a major impact.
• Charter applications. If your rights were violated through an unlawful stop, a failure to provide access to counsel, or an improper breath demand, we bring the appropriate motions to exclude that evidence.
• Independent witnesses and technical motions. Where it helps, we retain toxicologists and other qualified professionals to challenge the police evidence, and bring technical disclosure motions to obtain the records we need.
• Trial preparation. If your testimony assists your defence, we prepare you thoroughly. Throughout the process, we keep you informed and answer your questions.

Common Defences in Impaired Driving Cases

Every case is different, but defences that frequently apply include:

• The officer lacked reasonable grounds to make the stop or the breath demand
• Your right to counsel under the Charter was denied or delayed
• The roadside or station breath sample was improperly or unlawfully obtained
• The approved instrument was not operated correctly or properly maintained
• There is doubt about whether you were actually driving or in care and control
• There is doubt about whether you were impaired beyond a reasonable doubt
• “Evidence to the contrary” such as bolus or post-driving drinking
• Unreasonable delay in bringing the matter to trial
• A key Crown witness fails to appear or makes a crucial error in testimony

This is not a complete list. The right defence depends on the specific facts of your arrest, which is why a careful case review matters so much.

What to Do If You Are Charged With Impaired Driving in Ottawa

• Stay calm with the police. Do not argue or resist. If you are lawfully required to provide a breath sample, comply, because refusing carries its own serious penalties.
• Exercise your right to silence. Beyond basic identification, you are not required to answer questions about where you were or whether you had been drinking. Anything you say can be used against you.
• Ask to speak to a lawyer. You have the right to counsel as soon as reasonably possible after arrest. Use it.
• Write down everything. Record why you were stopped, what the officer did and said, whether you were read your rights, and the procedures used for any tests.
• Contact an Ottawa DUI lawyer right away. Early legal advice is often key to protecting your licence and your record.

Why Choose Brett McGarry as Your Ottawa DUI Lawyer

Not every criminal lawyer has the depth of experience that impaired driving cases demand. As the saying goes, “not every good criminal lawyer is a good impaired driving lawyer, but every good impaired driving lawyer is a good criminal lawyer.” DUI law is highly technical and constantly evolving, and local knowledge of Ottawa’s courts, Crown policies and procedures is a real advantage.

Brett McGarry focuses on criminal defence, with a strong track record of defending impaired driving charges at trial in Ottawa. Clients consistently rate the firm highly, and Brett takes the time to communicate clearly and treat every client with respect. When your licence, your record and your future are on the line, experience and dedication matter. Learn more about Brett McGarry.

Recent Impaired Driving Wins

Here are some recent impaired driving and over 80 cases Brett has fought and won in the Ottawa area:

• Rachel’s Case – Acquitted: Not Guilty of Impaired / Over 80
• Henry’s Case – Acquitted: Not Guilty of Impaired / Over 80
• David’s Case – Over 80 charge dismissed
• Angela’s Case – Not Guilty of Care and Control
• Laura’s Case – Impaired driving and car accident: Not Guilty of Impaired / Over 80
• Taylor’s Case – Not Guilty of Impaired / Over 80

See the full Track Record for more recent results.

Areas We Serve

Brett McGarry represents people charged with impaired driving across Ottawa, including clients who live or work in Centretown, the Glebe, Westboro, Kanata, Nepean, Orléans, Barrhaven and Vanier, along with the surrounding communities of Gloucester and the west and east ends. All Ottawa impaired driving charges are heard at the courthouse at 161 Elgin Street, and cases can proceed in English or French. Whether you were stopped downtown, in the west end or in the east end, getting advice quickly matters.

Impaired Driving FAQ

Will I get a criminal record if I am convicted?

Yes. Any conviction for impaired driving, over 80, or refusing a breath sample results in a permanent criminal record. This is one of the most important reasons to fight the charge rather than plead guilty.

Will I lose my licence?

You face an immediate 90-day administrative suspension when charged, and a minimum one-year driving prohibition if convicted of a first offence. An experienced DUI lawyer can help you understand your options for getting back on the road sooner.

Can I be charged if I was not actually driving?

Yes. Under “care and control,” a person found in the driver’s seat after drinking can be charged even if the vehicle never moved.

What is the difference between “impaired” and “over 80”?

“Impaired” means your ability to drive was affected by alcohol or drugs, proven through observations of your conduct. “Over 80” means your BAC was at or above the legal limit, proven through a breath or blood sample. You can be charged with one or both.

Is it worth fighting a first-time DUI?

Almost always. A first offence still means a criminal record and serious penalties, and first offences are often the most defensible. Speak to a lawyer before deciding how to plead.

How much does an Ottawa DUI lawyer cost?

Brett McGarry offers a free 30-minute consultation to review your case and explain your options and likely costs, so you can make an informed decision with no obligation. For more answers, see the full DUI & Impaired Driving FAQ.

Contact an Ottawa DUI Lawyer Today

If you have been charged with impaired driving in Ottawa, do not wait and do not plead guilty before getting advice. Contact Brett McGarry for a free, no-obligation consultation to discuss your case and your options. Call 613-884-8576 or contact us online.

Brett McGarry Law

• 116 Lisgar Street, Suite 300, K2P 0C2 Ottawa, Ontario Canada
• brett@mcgarrylaw.ca
• 613-884-8576
• 613-691-1373
• 9 a.m – 5 p.m

  on Monday
  9 a.m – 5 p.m

  on Tuesday
  9 a.m – 5 p.m

  on Wednesday
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  on Thursday
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  on Friday

Do Not Just Plead Guilty

Defending DUI & Impaired Driving charges can be technical and complex. There are many defences based on violations of Charter rights and technical requirements that you will not be aware of. If you plead guilty before consulting an experienced Ottawa DUI lawyer you may be giving up on a good defence.

Impaired Driving Recent Wins

If you are looking for a good Ottawa Impaired Driving Lawyer and Ontario, it is important to know about some of the recent cases he has won. Here are some recent cases Brett fought and won in Ottawa:

 Rachel’s Case – Acquitted of DUI Charges in Ottawa: Not Guilty of Impaired/Over 80

 Henry’s Case – Free of Drunk Driving in Ottawa area: Not Guilty of Impaired/Over 80

 David’s Case – DUI and Impaired Driving Charges: Over 80 Charge Dismissed

 Angela’s Case – Impaired Care and Control defence: Not Guilty of Care and Control

 Laura’s Case – Impaired Driving and Car Accident: Not Guilty of Impaired/Over 80

 Taylor’s Case – Impaired Driving Charges in Ottawa: Not Guilty of Impaired/Over 80

DUI Law in Ottawa: Why Specialization Matter

DUI law is complex and constantly evolving, making specialization important when choosing a lawyer. DUI cases fall under criminal law and require in-depth knowledge to ensure an effective defense. Local knowledge is crucial for a DUI lawyer, as familiarity with local court procedures and judges provides a strategic advantage. Hiring an experienced DUI lawyer is important due to the complexities of impaired driving law.

Having a dedicated legal team with experience in DUI cases is vital to navigate the complexities of the legal system and build a strong defense.