Impaired Driving
Fiercely Protecting Your Rights In Impaired Driving Cases.
Experienced DUI & Impaired Driving Lawyer – Channdeep Nagi
Channdeep Nagi brings extensive experience in defending individuals charged with motor vehicle-related offences, including Impaired Driving, Over 80, and Dangerous Operation. These are serious charges under the Criminal Code of Canada and carry significant consequences—such as long-term driving prohibitions, criminal records, and, for non-citizens (including permanent residents), potential inadmissibility to Canada.
In addition to the criminal penalties, an impaired driving charge can also result in automatic licence suspensions under Ontario’s Highway Traffic Act. The impact on your life can be immediate and severe. That’s why it is critical to seek legal advice without delay.
At CSN Law, we offer a free and confidential consultation to help you understand your rights and options from the outset.
What Sets Us Apart?
Our firm lives by the motto:
“We Stand With Individuals Charged With Dui Or Impaired Driving Offences. At Csn Law, We Analyze Every Detail, Question Every Procedure, And Defend Your Future With Proven Legal Strategy And Relentless Focus.”
We don’t just handle cases—we strategically build powerful defences. From the moment we’re retained, we:
- Thoroughly review disclosure
- Listen to your full story
- Identify legal and factual defences early
- Move fast to preserve key evidence (e.g., CCTV footage), which may be lost over time
We have a strong record of success, whether it’s having charges withdrawn, dismissed, or winning at trial. At CSN Law, we fight smart—and we fight hard.
Reach out for a free confidential consultation
Driving with a Blood Alcohol Concentration (Over 80)
Understanding Section 320.14(1)(b) – “Over 80” and Care and Control of a Motor Vehicle
Section 320.14(1)(b) of the Criminal Code of Canada makes it a criminal offence to have care or control of a motor vehicle while having a blood alcohol concentration (BAC) equal to or exceeding 80 milligrams of alcohol per 100 millilitres of blood—commonly referred to as the “Over 80” offence. It’s important to note that a BAC below 80 does not, on its own, support a charge under this provision.
A key element of this offence is that the vehicle does not need to be in motion for a charge or conviction to occur. The law is primarily concerned with prospective risk, not just actual danger. What the Crown must establish is that the accused was in care or control of the vehicle while impaired or with a prohibited BAC.
What Constitutes "Care or Control"?
The concept of “care or control” is broader than simply driving. It includes scenarios where an individual has the ability to operate or unintentionally set the vehicle in motion, creating a risk of harm to public safety.
For example, a person found seated in the driver’s seat with the keys nearby, or with access to start the vehicle, is often presumed to be in care or control. This creates a legal presumption, but it is rebuttable. The defence can challenge it by showing that there was no realistic risk of the vehicle being put in motion, intentionally or accidentally.
The Importance of Context and Evidence
Each case turns on its specific facts. Courts will consider various factors, including:
| The individual’s position in the vehicle | Location of the keys |
| The person’s intentions | Level of impairment |
| Statements to police or witnesses | Any alternative explanations offered |
The Crown bears the burden of proving each essential element of the offence beyond a reasonable doubt. That includes establishing both the BAC and that the accused had care or control in a legally meaningful sense.
Penalties for a DUI offence
Penalties for a DUI Offence in Canada
(Impaired Driving / Over 80 / Refusal to Provide Sample)
Driving under the influence (DUI) is a serious criminal offence under the Criminal Code of Canada. A conviction can lead to substantial legal, personal, and financial consequences, even for a first-time offender.
1. Minimum Penalties (Criminal Code, s. 320.19)
First Offence:
- Mandatory $1,000 fine
- 12-month driving prohibition
- Criminal record
- Ignition Interlock Program
- Licence fees and increased insurance
Second Offence:
- Minimum 30 days in jail
- 2-year driving prohibition
- Extended interlock & rehab
Third or Subsequent Offence:
- Minimum 120 days in jail
- 3+ year prohibition
- Potential lifetime suspension
2. Aggravating Factors Can Increase Penalties
The court may impose harsher penalties if:
- Your BAC was 120 mg or more
- There was a collision or bodily harm
- A child was present in the vehicle
- You have prior convictions
- You refused to provide a breath sample
Administrative Penalties (Ontario)
Even before your case is resolved in court, the province may impose:
- Immediate roadside licence suspension (90 days)
- Vehicle impoundment (7 days)
- Mandatory education or treatment programs
- Ignition interlock for reinstatement
Long-Term Consequences
- Criminal record, which can impact employment, immigration status, and international travel (especially to the U.S.)
- Significantly higher insurance premiums or denial of coverage
- Immigration consequences for non-citizens and permanent residents, including inadmissibility or deportation
First Offence:
- Mandatory $1,000 fine
- 12-month driving prohibition
- Criminal record
- Ignition Interlock Program
- Licence fees and increased insurance
Second Offence:
- Minimum 30 days in jail
- 2-year driving prohibition
- Extended interlock & rehab
Third or Subsequent Offence:
- Minimum 120 days in jail
- 3+ year prohibition
- Potential lifetime suspension
The court may impose harsher penalties if:
- Your BAC was 120 mg or more
- There was a collision or bodily harm
- A child was present in the vehicle
- You have prior convictions
- You refused to provide a breath sample
Administrative Penalties (Ontario)
Even before your case is resolved in court, the province may impose:
- Immediate roadside licence suspension (90 days)
- Vehicle impoundment (7 days)
- Mandatory education or treatment programs
- Ignition interlock for reinstatement
Long-Term Consequences
- Criminal record, which can impact employment, immigration status, and international travel (especially to the U.S.)
- Significantly higher insurance premiums or denial of coverage
- Immigration consequences for non-citizens and permanent residents, including inadmissibility or deportation
Why Legal Representation Matters
A DUI charge doesn’t automatically mean a conviction. At CSN Law PC, we explore every legal angle—Charter violations, testing procedures, grounds for arrest, and evidentiary issues—to fight for a dismissal, reduction, or acquittal.
If you’ve been charged, contact us immediately for a free consultation. We’ll stand by you with unwavering commitment to your defence.
Why Legal Advice is Critical
“Over 80” and care or control cases can be complex, with technical defences rooted in constitutional law, forensic science, and evidentiary rules. An experienced criminal defence lawyer will analyze every aspect of the police investigation, challenge the admissibility or reliability of breath samples, and assess whether the care or control element has truly been met.
If you are charged under this section, it is critical to seek immediate legal advice to protect your rights and explore potential defences.
