Montes Law has specific expertise and a proven track record in drinking and driving cases. We have conducted hundreds of drinking and driving trials throughout southern Ontario, from Niagara Falls to Ottawa. Furthermore, we have successfully conducted appeals in the Superior Court of Justice and the Ontario Court of Appeal, reversing many trial convictions.
Drinking and driving law is a highly specialized area of Canadian criminal law, and many excellent and experienced lawyers do not focus their practices in this area. You deserve dedicated, experienced and aggressive representation. The right lawyer can make all the difference.
Charges We Defend
This is the typical “drunk driving” charge. When a police officer has reasonable and probable grounds to believe that an individual’s ability to operate a vehicle is impaired by alcohol or a drug, an impaired driving charge can be laid. An arrest for impaired driving often occurs after a police officer has observed bad driving or a car accident has taken place, and the driver shows physical signs of alcohol consumption and drunkeness.
Over 80 Milligrams
One does not have to be drunk or show any signs of impairment to be charged with over 80. What matters is the amount of alcohol in your blood. When a police officer smells alcohol on a driver or when a driver admits to having consumed alcohol, an officer can demand that a driver provide a breath sample into a roadside alcohol screening device. Failing the roadside breath test will result in an arrest and a trip to a nearby police station in order to provide two further breath samples. If the breath testing indicates a blood alcohol content over 80 milligrams per 100 millilitres of blood, a charge of over 80 will be laid.
Fail to Provide Breath Sample / Refuse Breath Sample
When a driver fails or refuses to provide a breath sample at the roadside or at a police station, they will be arrested and charged with fail or refuse breath sample. These charges can be laid in addition to a charge of impaired driving and they hold the same legal consequences as an impaired or over 80 charge. In addition to gaining a criminal record, on a first offence you may lose your license for a year and be forced to pay a fine of at least $1000.00. Fail to provide breath sample / refuse breath sample are serious criminal charges that require the assistance of an experienced lawyer.