Being charged with impaired driving can be a very stressful and scary period of your life. You may not fully understand your legal rights and could even assume the Crown has already won their case before you even set foot in a courtroom. However, what you may be unaware is that almost half of all impaired driving cases in Ontario actually end up with the charges being dropped or being found not guilty.

Even if you have been charged, there is still a good chance you obtain positive results with help from our impaired driving lawyer in Brampton. At Manbir Sodhi Law, we understand the complexities of impaired driving offences and have used our expertise to help our clients achieve the best outcomes possible.

Impaired driving can refer to four different types of criminal offences:

• 1. Driving while impaired by drugs or alcohol.
• 2. Being in care and control of a vehicle while impaired – sitting behind the wheel of the vehicle, even if you are not driving or the vehicle is not running.
• 3. Refusing or failing to provide a sample to law enforcement.
• 4. Providing a sample that is over the legal limit.

Prior to being charged, you were most likely either stopped by the police or passed through a mandatory check point. The police are legally allowed to stop a motorist for the sole purpose of verifying whether the driver is impaired.

However, determining impairment is often very subjective as it is entirely up to the police to decide if the driver is actually impaired or not. Whether through observation of the driver and/or the results of a roadside sample, the police must have reasonable grounds of impairment in order to make an arrest.

Even after being arrested, the roadside sample cannot be used against you in court. Rather, the police must collect evidentiary samples from you after arrest. However, you do have the right to contact a Brampton impaired driving lawyer upon arrest and in some cases, prior to providing evidentiary samples.

Another concern is when collecting evidentiary samples, the results are not always accurate and may not reflect actual impairment at the time of arrest.

After being charged for impaired driving, you are entitled to be released from police custody on bail. The police often have the authority to approve bail for impaired driving offences, so you do not have to always wait to appear in front of a judge in court.

After being released, you will be given a hearing notice of your initial court appearance. You will also experience your first impacts of being charged by having your driver license suspended for a minimum of 90 days pending the outcome of your case. Your vehicle may have also been impounded and could be held for up to 7 days before you can retrieve it.
If you did not already speak to our Brampton impaired driving lawyer after your arrest, you will want to do so now with a FREE consultation at Manbir Sodhi Law to find out what options are available for fighting your charges.