DUI DWI DRE: Impaired Driving Lawyer

Courts | Instruments   



Unofficial information about this Ontario legislation is provided by the following attorney or lawyer:

Click here for sponsor

DUI, DWI & Criminal Legislation in Ontario  

Highway Traffic Act , section: 130

Warning: This is NOT a government web site. The information provided herein has NOT been provided by a government. This information has been provided by a lawyer or attorney or student, for the purpose of providing basic information about the laws and regulations enacted by a government and the government offices that apply laws and regulations, and for the purpose of encouraging discussion and facilitating proper legal challenges related to the application of laws and regulations made by government. Citizens always have the right to challenge government. Citizens need independent information not provided by government about government offices, phone numbers, locations, and their services or lack thereof. Please note that the information provided may not be up to date. It is your responsibility to meet with a lawyer or attorney in person to get complete advice. Information provided by some government sites may also be sometimes out of date, sometimes incomplete, or sometimes focused on protection of government politicians, officers, policy initiatives, and interests. It is essential that you retain and instruct an independent lawyer or attorney to represent YOUR interests and inform you accordingly. 

Substantive DUI/Excess Alcohol Offense, Careless Driving


Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway and on conviction is liable to a fine of not less than $400 and not more than $2,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her licence or permit may be suspended for a period of not more than two years.

2009, c. 5, s. 41.

Comments : Sometimes the Crown will accept a guilty plea to this offence under the Ontario Highway Traffic Act, instead of the Criminal Code of Canada offence of over 80 excess blood alcohol in circumstances where the Crown's case is uncertain, the blood alcohol concentration readings are in the 80 to 100 range, and the scientific reliability of the breath tests is uncertain. Innocence i.e. a true BAC below 80 is no longer a defence to a criminal over 80 charge unless the defence is able to challenge the scientific reliability of the breath test. A toxicological opinion that the drinking scenario should have resulted in a blood alcohol concentration below 80 might be interesting to your lawyer and lead to scientific inquiry as to the reason for the exaggerated or false positive, but it should have no probative value in Court.

Crowns in Ontario will sometimes ask for a provincial POA probation order that precludes or limits driving for an extended period of time when a lawyer negotiates a guilty plea to careless driving rather than over 80.

Update this Section | Other  Legislation in Ontario

Add a Link to a Case or List of Cases for this Section

This is not the official web site for the  Ontario legislature. 


bulletCriminal Code of Canada - s. 253 - Excess Alcohol - Over 80
bulletGo to Provincial Legislation in Context

Add a Section






| Privacy |

  WARNING: All information contained herein is provided for the purpose of providing basic information only and should not be construed as formal legal advice. The authors disclaim any and all liability resulting from reliance upon such information. You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney.

Warning: This is NOT a government web site.