Toronto Impaired Driving Lawyers
Impaired Driving Lawyers | 25 years experience | Hundreds of Successful cases
As impaired driving lawyers in Toronto, Charitsis Law has more than 25 years of experience defending drinking and driving charges. We focus on impaired driving defence, having successfully defended hundreds of people facing DUI and impaired driving charges throughout the GTA.
As criminal lawyers we know the court system, the evidence the Crown relies on, where that evidence can be challenged and the legal defences to impaired driving.
Charitsis Law is led by former Crown Attorney Nicholas Charitsis. Charitsis Law has earned more than 350 five-star Google reviews from satisfied clients. His experience as both a former prosecutor and criminal defence lawyer gives him and his team of senior defence lawyers valuable insight into how the Crown builds an impaired driving case and where the evidence may be challenged.
See examples of impaired driving cases we have successfully defended.
If you’ve been arrested for impaired driving, call and discuss your case directly with Nicholas Charitsis at 416-731-7113.
What Are the Penalties for Impaired Driving in Ontario?
How the Penalties for Drinking and Driving Affect You.
In Ontario, impaired driving penalties include fines, a driving prohibition, licence suspension, ignition interlock requirements, a criminal record, and, in some cases, jail. A conviction can also lead to much higher insurance costs and may affect employment, travel, and immigration status.
- Criminal Penalties – A conviction for any drinking and driving charge includes mandatory fines, probation, driving prohibitions, and in more serious cases, jail. Read more about impaired driving penalties.
- Driving Prohibition – The court may prohibit you from driving for a period of time following a conviction. Read about driving prohibitions.
- Ignition Interlock Program – Drivers convicted of impaired driving are required to install an ignition interlock device in their vehicle. Explaining the Ontario’s Ignition Interlock Program.
- Criminal Record – Criminal record that can affect employment opportunities, professional licensing, volunteer positions, and background checks. Read more about how a criminal record affects your life.
- Immigration Consequences – A criminal conviction affect immigration, foreign nationals, and future immigration applications. Read more about the immigration consequences of a criminal conviction.
- Travel Restrictions – An impaired driving conviction may make travelling to the United States and other countries more difficult. Read more about travelling with a criminal record.
- Insurance Consequences – Most drivers experience significantly higher insurance premiums following an impaired driving conviction, and some insurers may refuse coverage. Read more about the insurance consequences of impaired driving convictions.
Impaired driving penalties depend on the charge, your blood alcohol reading, prior offences, and the circumstances of the case. For a complete breakdown read our guide to DUI penalties in Ontario.
What Is Impaired Driving?
Understanding impaired driving charges, DUI offences, & Canada’s impaired driving laws.
Impaired driving is a criminal offence under the Criminal Code of Canada. The terms DUI, Driving under the influence and drinking and driving are commonly used to describe impaired driving charges involving alcohol or drugs.
Depending on what happened and the evidence gathered by police, you may be charged with one or more of the following offences:
- Impaired Operation – Police allege your ability to operate a motor vehicle was impaired or changed because of the consumption of alcohol or drugs.
- Driving Over 80 – When the driver gave a breath sample, the blood/alcohol concentration (BAC) was over the legal limit of .08. This is a separate offence from impaired operation and is based primarily on the breath test evidence. Read more about Driving Over 80 charges.
- Refuse Roadside Breath Test – The driver refused to provide a breath sample into an Approved Screening Device after a lawful roadside demand by a police officer. A refusal does not always mean the driver simply said no. Read more about refusing a roadside breath test.
- Refusing a Breathalyzer Test – The accused refused or failed to comply with a lawful breath demand made by a police officer for a breath sample. Read more about refusing a breath sample charges.
- Care and Control while Impaired – The allegation is the driver had the “care or control” of a motor vehicle while they were impaired, even if it was parked or not moving. Read more about care and control charges.
Although these DUI and impaired driving charges are closely related, the evidence and defence strategy can differ significantly.
Why Two Impaired Driving Charges?
It is common for a driver to face more than one criminal charge after an impaired driving arrest. You may be charged with just impaired driving, impaired driving & drive over 80 or impaired driving & refusing a breath test.
These are separate DUI charges. Each charge is based on different evidence in impaired driving law and each has different elements that the police and Crown Attorney must prove.
Impaired Driving
- An impaired driving charge focuses on whether alcohol or drugs affected your ability to drive.
- The Crown may rely on evidence such as your driving, speech, balance, coordination, behaviour, and the observations made by police officers or witnesses.
- For example: An officer may say you were weaving, had slurred speech, or appeared unsteady when you got out of the vehicle. An impaired driving lawyer can compare these observations with police notes, video, witness evidence, and your explanation of what happened.
Driving Over 80 mgs
- A charge of driving over 80 mgs, focuses on your blood alcohol concentration (BAC) rather than simply how you physically appeared or drove.
- After an arrest, police may demand breath samples on a breathalyzer at the police station. If the breath tests show a blood alcohol concentration at or above the legal level, an Over 80 charge may be laid along with the impaired driving charge. They are 2 separate offences.
- For example: You could appear to be driving normally but still be charged with Over 80 because of the breath test results are over the legal limit. The breath-testing evidence and the procedures followed by police can become important parts of the defence.
Refusing a Breath Test
- A refusal charge may be laid when a driver fails or refuses to provide a breath sample after a lawful police demand. This charge involves where the officer arrests the accused for impaired driving, they make a demand for breath test and the driver fail to provide the breath samples.
- A person may therefore be charged with impaired driving and refusal, even though police never obtained a breath reading. Again these would be 2 separate charges laid against the driver.
- For example: A driver may have tried several times to provide a sample but was unable or refuses to do so. The defence may examine the instructions given by police, the opportunities provided to give a sample, whether the demand was lawful, and whether there was a reasonable excuse.
More than one charge does not mean the Crown has proven either charge. Each offence must be proven. Our impaired driving lawyers examine the evidence behind each charge and look for weaknesses, inconsistencies, police errors, and legal issues that can create reasonable doubt.
What Does the Crown Have to Prove in Impaired Driving?
They must prove your driving ability was impaired by the consumption of an alcohol or drug.
In an impaired driving case, it is not enough for the Crown Attorney to show that you consumed alcohol or drugs and drove. The evidence must prove that, “Your ability to operate a motor vehicle was impaired due to the consumption of an alcohol or beverage”.
In criminal law, impairment means that alcohol or drugs affected your ability to operate a vehicle. You do not have to be falling down drunk or unable to drive before the Crown can allege impairment.
If the Crown cannot prove you were driving or cannot prove impairment caused by alcohol or drugs, you can be found not guilty of impaired driving.
What Is Reasonable Doubt in Impaired Driving?
Reasonable doubt can be the difference between being found guilty and winning.
When a drinking and driving charge goes to trial, the judge must consider all the evidence. If after hearing all the evidence the judge has a reasonable doubt about whether the Crown has proven an important part of the impaired driving charge, the accused must be found not guilty.
This is why our impaired driving lawyers carefully examine the police investigation and evidence. Mistakes, inconsistencies, missing evidence, unreliable police observations, or problems with breath testing and police procedures can all raise reasonable doubts in an impaired driving trial.
Our job as impaired driving lawyers is to find those weaknesses, challenge the evidence, and show the judge where reasonable doubt exists. If the Crown cannot prove the impaired driving charge beyond a reasonable doubt, you must be found not guilty.
Evidence in Impaired Driving Cases
Police observations, driving, breath tests, video, & witness evidence in impaired driving.
The evidence in an impaired driving case usually begins with what happened before and during the traffic stop. The Crown Attorney may rely on the police officer’s observations, your driving, what you said, and any alcohol or drug testing completed during the investigation.
Evidence may include:
- Driving Behaviour – Weaving, speeding, driving too slowly, an accident, difficulty parking, or other driving that police believe may show impairment.
- Police Observations – The smell of alcohol, red or bloodshot eyes, slurred speech, poor balance, coordination problems, confusion, or other physical signs of impairment.
- Drug Testing – Police may rely on field sobriety testing, observations of drug impairment, or a Drug Recognition Evaluation in cases involving drugs.
- Statements and Admissions – What you told the police about drinking, drug use, driving, or what happened before you were stopped may become evidence.
- Video and Witnesses – Body-camera video, cruiser video, surveillance footage, civilian witnesses, and other evidence may support or contradict the police version of events.
Do the police have a strong case against you? Can the Crown prove impaired driving beyond a reasonable doubt? As DUI lawyers, we often find mistakes, inconsistencies, missing evidence, problems with police procedures, and legal issues that can weaken the Crown’s case.
Read below to learn about defences our impaired driving lawyers use to challenge DUI charges.
What Are the Defences to Impaired Driving?
There may be more defences to your impaired driving charge than you realize.
There is no single defence to an impaired driving charge. The defence strategy depends on what happened, the evidence gathered by police, and the legal issues in your case.
With more than 25 years of experience fighting DUI charges, our impaired driving lawyers know where to look for mistakes, inconsistencies, missing evidence, and legal issues that can build a winning defence.
Problems With Breath Testing
Breathalyzer readings do not necessarily end the analysis. The timing of the breath samples, police procedures, testing records, and circumstances surrounding the breath tests need to be carefully examined.
For example: If significant time passed between driving and the breath tests, the timing of the samples and the evidence surrounding your blood alcohol concentration may become important to the defence. Times are important in breathalyzer testing.
“By far the best DUI Lawyer in Toronto. Nicholas and his team are hard working specialists in the field of criminal law. Nick is always available to answer questions and guides you through the process. All charges dropped! Thank you.”
Disclosure May Reveal Problems With the Case
The defence is entitled to disclosure of relevant evidence in the Crown’s possession. A detailed review of the disclosure can uncover problems that were not obvious when you were first charged. The police are required to give “full and complete disclosure”.
For example: Police notes, breath-testing records, video, witness statements, or other relevant evidence may be missing or inconsistent. These errors and omissions may require further investigation and can become important parts of an impaired driving defence.
Charter Rights May Have Been Violated
Police must respect your Charter rights during an impaired driving investigation, including your right to obtain legal advice in privacy.
For example: If you asked to speak with a lawyer but were not given a reasonable opportunity to do so, our impaired driving lawyers can examine whether your Charter rights were violated and whether that violation affects evidence the Crown wants to use against you at trial.
These are only some of the defences that may be available. Read our guide to 25 impaired driving defences to learn about more legal issues and defence strategies our DUI lawyers examine when fighting impaired driving charges.
Reviewing the Police Impaired Driving Investigation
Police mistakes, inconsistencies, and evidence that can fight your impaired driving charge.
In reviewing your impaired driving charge, our defence lawyers go back through the police investigation to examine how and what happened. We look at what the officers did, what they observed, and whether the proper legal procedures were followed.
This includes reviewing police notes, body-worn or cruiser video, witness statements, breath demands, testing procedures, and what happened at the police station. We also compare this evidence with your version of what happened.
Were the Police Observations Really Signs of Impairment?
Police may rely on slurred speech, poor balance, red eyes, confusion, unusual behaviour, or poor driving as evidence of impairment. However, those observations do not always mean a driver was impaired.
For example: A medical condition, disability, injury, fatigue, anxiety, or the effects of an accident may explain behaviour that a police officer interpreted as impairment. Video, medical evidence, witnesses, and other disclosure may tell a different story.
Does the Police Evidence Match?
Many times, small details become important. An officer’s notes may not match the video. Two officers may remember events differently. An observation mentioned later may not appear in the original police notes.
An impaired driving lawyer compares the evidence, questions these inconsistencies, and determines whether they can be used to challenge the Crown’s case.
Did the Police Follow the Law?
Our defence will also examine whether police followed the proper legal procedures and respected your Charter under the Canadian Charter of Rights and Freedoms, including your right to speak with a lawyer.
If police made a legal error, our defence can challenge any evidence obtained during the investigation.
This is where experience matters. Our impaired driving lawyers know what to look for when reviewing a police investigation. Mistakes, missing evidence, inconsistent observations, Charter violations, and innocent explanations for alleged signs of impairment may help create reasonable doubt and build a defence.
Building Your Impaired Driving Defence
A strong impaired driving defence starts with understanding exactly what happened.
Our impaired driving lawyers listen build your defence first by listening to your version of events and compare what you remember with the evidence provided by the Crown Attorney and police.
Our DUI lawyers will want to know what happened before you were stopped, what the officer said and did, how you responded, what testing was done and what happened after your arrest.
Many times, small details become important when they are compared with the police evidence.
We Review the Disclosure and Evidence
The Crown Attorney must provide “full and complete disclosure” containing all the evidence being relied upon to prosecute you.
Our impaired driving lawyers carefully review this disclosure, including police notes, occurrence reports, breath-testing records, body-worn camera footage, police-station video, witness statements and other documents.
We compare the evidence against your version of events and against other evidence in the case. We look for missing information, inconsistencies, procedural mistakes and legal issues that could weaken the Crown’s case or create reasonable doubt.
The evidence needs to be examined as a whole. One inconsistency or missing piece of evidence can sometimes change how the rest of the Crown’s case is viewed.
We Identify the Impaired Driving Defences That Apply
Once the disclosure has been reviewed, we can assess what the Crown Attorney may be able to prove and where the prosecution’s case may be vulnerable.
Depending on the circumstances, an impaired driving defence may involve police observations, breath-testing procedures, timing issues, Charter violations, missing disclosure, inconsistent evidence or other legal and factual issues.
This is where experience matters. The goal is not simply to find something wrong. It is to identify issues that can actually be used to challenge the Crown’s evidence and build a defence.
Pre-Trials – We Take the Defence Issues to the Crown Attorney
Before many impaired driving cases proceed to trial, a DUI lawyer can meet with the Crown Attorney at a Crown pre-trial.
The Crown pre-trial provides an opportunity to discuss the evidence, identify weaknesses in the prosecution’s case and raise legal or evidentiary issues that could affect how the charge proceeds.
Depending on the evidence and the issues identified, these discussions may provide an opportunity to resolve the case. If an acceptable resolution cannot be reached, the impaired driving lawyer can continue preparing the case for trial.
A Crown pre-trial is an opportunity to put the weaknesses in the prosecution’s case directly before the Crown Attorney.
Preparing Impaired Driving Cases for Trial
Can they prove the charge beyond a reasonable doubt to the judge?
Trial preparation includes challenging the admissibility or reliability of evidence, preparing to cross-examine police officers and other witnesses, examining video and documentary evidence for inconsistencies, and determining whether any defence evidence should be called.
The defence strategy will depend on the evidence and legal issues in your particular case.
There is no single defence that applies to every DUI charge. The job of an experienced impaired driving lawyer is to find the all the defences that may apply.
“Thank you to Vadim and Charitsis Law for all their help. My DUI charge was dropped to a careless driving ticket. It was my first experience being involved with the law, and Vadim was very informative and helpful throughout the entire process. He explained everything clearly, kept me updated, and made a very stressful situation much easier. I highly recommend Charitsis Law.”
★★★★★ Google Review
Recent Impaired Driving Successes
These cases show how legal issues can change the outcome of a DUI charge.
These real court decisions show how legal issues, careful preparation, and strong defence strategies have helped our clients successfully fight impaired driving charges.
These are just a few examples of how legal issues have helped our clients successfully fight impaired driving charges. Every case is different, and the outcome depends on the evidence, the legal issues involved, and the defence strategy.
View More DUI Cases We’ve Won →
Charged With Impaired Driving – Why Choose Charitsis Law
Experience and results matter when choosing an impaired driving lawyer.
When you are facing an impaired driving charge, you want a lawyer with experience fighting these cases and a record you can look at. Here are some of the reasons clients choose Charitsis Law:
- 25+ Years of Impaired Driving Defence Experience — Decades of experience fighting impaired driving and DUI charges in Ontario courts.
- Former Crown Attorney — Nicholas Charitsis understands how Crown Attorneys review evidence and prosecute criminal charges.
- Proven Impaired Driving Results — Our case results show how evidence and defence strategies can be used to successfully fight impaired driving charges.
- Professional Leadership in Ontario’s Justice System — Nicholas Charitsis has held senior leadership roles with Ontario’s judicial and Justice of the Peace appointments advisory committees.
- Hundreds of Client Reviews — Former clients have shared hundreds of positive reviews about Charitsis Law, our lawyers, and the results we have achieved.
Your choice of lawyer can make a difference in how your impaired driving charge is fought. If you are looking for the best criminal lawyer in Toronto for your defence, consider Charitsis Law. Call 416-731-7113 and let’s talk about how we can fight your charge.
Impaired Driving Lawyers for DUI Defence
If you are facing an impaired driving charge or any drinking and driving charge, Charitsis Law represents clients throughout the GTA. Meet with an experienced criminal defence lawyer at our offices in Brampton, Oshawa, Aurora, Newmarket, or Muskoka, or contact us to discuss your case and the court process.
Experience doesn’t guarantee the outcome of your case, but it can make a significant difference in how your defence is prepared and presented.
Learn more about how an experience lawyer makes a difference in your defence.
Speak With Nicholas Charitsis Today
You’ll speak directly with Nicholas Charitsis—not a call centre or an intake representative.
When you call Charitsis Law, you’ll speak directly with impaired driving lawyer Nicholas Charitsis. He’ll answer your questions, explain your legal options, and help you understand the evidence against you.
Call 416-731-7113 today to arrange your confidential case review.
Questions About Hiring a DUI Lawyer
Frequently Asked Questions
- How Do I Choose the Right DUI Lawyer?
- How Much Does It Cost to Hire a DUI Lawyer?
- Why Was I Charged With Both Impaired Driving and Over 80?
- What’s the Difference Between Impaired Driving and Care and Control?
- Can Any DUI Lawyer Guarantee They’ll Win My Case?
These are some of the most common questions people ask before hiring an impaired driving lawyer in Ontario.
Q. How Do I Choose the Right DUI Lawyer?
A. Choosing a DUI lawyer is one of the most important decisions you’ll make after being charged. Look for a lawyer who regularly defends impaired driving cases, has extensive criminal defence experience, and can clearly explain the evidence and your legal options.
Ask whether you’ll speak directly with the lawyer handling your case, whether they have trial experience, and how they develop a defence strategy. A good lawyer should answer your questions honestly and explain both the strengths and weaknesses of your case.
Don’t choose a lawyer based on price alone. Experience, preparation, and judgment can make a significant difference in how your case is handled.
If you’re comparing lawyers, we recommend reading our guide on how to choose the right DUI lawyer before making your decision.
Q. How Much Does It Cost to Hire a DUI Lawyer?
A. The cost of hiring a DUI lawyer depends on the facts of your case. Some impaired driving charges are straightforward, while others involve Charter arguments, expert evidence, or a trial. Those factors can affect the legal fees.
Ask whether the lawyer charges a fixed fee or bills by the hour. You should also ask what services are included and whether the quoted fee covers a trial if one becomes necessary.
Choosing a lawyer based on price alone can be a costly mistake. Experience, preparation, and the right defence strategy often have a greater impact on your case than finding the lowest fee.
If you’d like to learn more, read our guide on DUI lawyer fees and legal costs before making your decision.
Q. Why Was I Charged With Both Impaired Driving and Over 80?
It’s common for police to lay more than one impaired driving charge after the same incident. For example, you may be charged with both impaired driving and having a blood alcohol concentration over the legal limit. While the charges arise from the same event, each requires the Crown Attorney to prove different legal elements.
Being charged with two offences does not mean you’ll receive two convictions. In many cases, only one conviction can be entered if both charges relate to the same incident.
An experienced DUI lawyer will review the evidence supporting each charge, identify any legal issues, and determine whether one or both charges can be challenged.
Q. What’s the Difference Between Impaired Driving and Care and Control?
Many people think you can only be charged if the police see you driving. That’s not always true.
An impaired driving charge usually involves allegations that you were operating a motor vehicle while impaired. A care and control charge applies when the police believe you had the ability to operate the vehicle, even if it wasn’t moving.
For example, a person sleeping in the driver’s seat with the keys nearby may be investigated for care and control. Whether the Crown Attorney can prove the charge depends on the evidence and the specific circumstances of the case.
To learn more, read our guide on Impaired Driving Care and Control Charges.
Q. Can Any DUI Lawyer Guarantee They’ll Win My Case?
No. An honest DUI lawyer will never guarantee that your charges will be withdrawn or that you’ll be found not guilty. Every impaired driving case is different, and the outcome depends on the evidence, the legal issues, and the facts of your case.
A good DUI lawyer will carefully review the Crown’s evidence, explain the strengths and weaknesses of your case, and recommend the defence strategy that gives you the best opportunity for success. Then they can give you their opinion as to whether they can win the case.
Be cautious of any lawyer who promises a specific outcome before reviewing the evidence. Experience matters, but so does honesty. You deserve straightforward legal advice based on the facts of your case.
About Impaired Driving Lawyer Nicholas Charitsis
Nicholas Charitsis is a Toronto criminal defence lawyer and former Crown Attorney with more than 25 years of experience defending impaired driving charges in Ontario. His practice focuses on impaired driving, Drive Over 80, breathalyzer refusals, care and control, and other DUI-related driving charges.
His experience in DUI investigations allows him to identify legal issues involving breath testing, police procedures, Charter rights, disclosure, and whether the Crown Attorney can prove an impaired driving charge beyond a reasonable doubt. He has successfully defended impaired driving cases involving reasonable doubt, breathalyzer evidence, medical issues, identity, and whether the accused intended to drive.
Nicholas also serves as Chair of Ontario committees involved in recommending candidates for judicial and Justice of the Peace appointments. His combination of courtroom experience, former Crown experience, and more than 25 years practising criminal law provides clients with experienced advice when deciding how to fight an impaired driving charge.
