Impaired Driving

Being charged with impaired driving is a jarring, embarrassing, and deeply stressful experience. For many people, a driver’s license is not just a convenience—it is an absolute necessity for their livelihood, family obligations, and independence. The panic you are feeling right now about losing your mobility and gaining a criminal record is entirely valid.

At Jajou Law, led by criminal defense lawyer Lary Jajou, we understand the immense weight of this situation. However, we also know that hoping the problem will simply go away is not a strategy. We deal in facts, reality, and aggressive legal advocacy. We provide expert, highly technical defense for DUI and “Over 80” charges, dedicated to protecting your driving privileges and fiercely defending your clean record.

Impaired driving laws in Canada are incredibly strict and legally complex. The police and the Crown pursue these cases aggressively, and the penalties are unforgiving.

It is important to understand that you can be charged with two distinct offenses arising from the same traffic stop:

-Impaired Driving: Based on the officer’s observations of your physical state (e.g., slurred speech, unsteady feet, driving behavior), regardless of your actual blood alcohol concentration (BAC).
-Over 80: Operating a conveyance with a BAC that equals or exceeds 80 milligrams of alcohol in 100 milliliters of blood.

The consequences of a conviction are swift and severe.

Immediate and Long-Term Consequences

– License Suspensions: An immediate 90-day administrative suspension upon arrest, followed by a mandatory minimum 1-year driving prohibition if convicted.
– Criminal Record:A permanent criminal record that will drastically affect your employment opportunities and severely limit cross-border travel (especially to the U.S.).
– Severe Financial Burdens: Mandatory minimum fines starting at $1,000, vehicle impoundment fees, mandatory educational programs, and skyrocketing auto insurance premiums.
– Ignition Interlock: Mandatory installation of a breath-testing device in your vehicle at your own expense in order to drive again.

You need a lawyer who understands that defending a DUI is not just about the law—it is about science, procedure, and strict constitutional rights.

Many people falsely assume that a failed breathalyzer test means an automatic conviction. This is not true. Impaired driving cases are some of the most highly technical areas of criminal law. The Crown must prove their case perfectly, and police officers must follow strict procedural rules.

Lary Jajou meticulously deconstructs the evidence against you through a multi-tiered technical defense:

1. Challenging the Traffic Stop and Arrest (Charter Rights)
Police cannot pull you over or detain you arbitrarily without a lawful reason (though they have broad powers for random sobriety checks). We scrutinize the initial stop. If you were detained unlawfully or if the officer lacked the proper legal grounds to make a breath demand, your Charter rights were violated. We fight to have the evidence excluded from trial.

2. Scrutinizing the Breathalyzer Technology
Breath testing instruments (like the Intoxilyzer) are highly sensitive machines that must be operated and maintained perfectly. We demand the maintenance logs and calibration records for the specific machine used in your case. If the device was not calibrated correctly, operated by a fully certified technician, or tested within the strict legal timeframes, the results can be challenged and potentially thrown out.

3. Right to Counsel Violations
When you are arrested and taken to the station for a breath test, you have the constitutional right to speak to a lawyer of your choice in private. If the police rushed this process, failed to provide you with privacy, or ignored your request, it is a severe violation of Section 10(b) of the Charter.

When your ability to drive and your clean record are at stake, you do not need sugar-coated promises; you need clear, candid, and strategic legal counsel.

Lary Jajou is known for his straightforward approach. He will sit down with you, clearly explain the technical evidence the Crown has against you, outline your most realistic options, and aggressively pursue the best possible outcome. Whether we are negotiating a lesser charge like careless driving to save your criminal record, or tearing down a flawed police investigation in court, our focus is entirely on protecting your future.

Time is heavily restricted in impaired driving cases. Strict deadlines apply if you wish to appeal your immediate roadside license suspension or preserve crucial video evidence from the police station.

Do not try to navigate this highly technical legal system on your own. Contact Lary Jajou at Jajou Law today at +1 (647) 269-4233 or fill out our secure Online Contact Form for a candid, confidential consultation to begin building your defense.