Affordable Impaired Driving (DUI) Lawyers in Ottawa

Being charged with impaired driving, whether due to alcohol, drugs, or refusing a breath test, is one of the most serious offences under Ontario’s Highway Traffic Act and the Criminal Code of Canada.

An impaired driving conviction can lead to harsh penalties, including licence suspension, hefty fines, increased insurance rates, a criminal record, and even jail time.

Successfully fighting a DUI charge or reducing the penalties is possible with the help of an experienced criminal defence lawyer.

At Affordable Defence, our Ottawa-based defence team is led by skilled impaired driving lawyers, Fady Mansour & Solomon Friedman, who know how to protect your rights at every stage of the legal process.

Whether you are facing allegations of driving over the legal limit, drug impairment, or failure to comply with testing, we are here to build the strongest defence possible.

If you’re facing impaired driving charges in Ottawa, having a DUI Lawyer is crucial. A DUI lawyer understands the complexities of drinking and driving law, criminal case law, and legal arguments. They review and analyze police disclosure and represent you with the crown attorney.

Here’s why you need an experienced criminal lawyer in impaired driving cases:

1. DUI expertise: In criminal court representation, Experience counts. An experienced criminal lawyer understands the legal system and the intricacies of impaired driving cases and DUI law. They have a deep understanding of the relevant laws and know how to challenge the evidence against you. They can also help you understand your legal options and provide guidance on the best course of action.
2. Background in DUI laws: Drinking and driving laws are constantly evolving. The rules change, new case law, breathalyzer machines, and rules of evidence.
3. Protect your rights: A DUI lawyer will protect your rights, interests and licence throughout the legal process. A lawyer can ensure that you receive fair treatment under the law and every opportunity to have charges dropped or reduced is given to you.

Without an experienced criminal lawyer on your side, you may be at a disadvantage when dealing with Crown attorneys. Don’t risk your future – call today to speak with an experienced DUI lawyer and get the legal representation you need.

Most people charged with impaired driving in Ottawa are stopped by the police — either randomly at a checkpoint or by a “roving check stop”.

As impaired driving laws have tightened, Ontario Provincial Police and the Ottawa Police Service can now stop you randomly to check whether you are impaired by alcohol or drugs.

You will be asked for your licence and whether you have been drinking. The police officer will then assess whether there are “reasonable grounds” to believe you are impaired by alcohol or drugs. If so, the police officer can demand that you provide a roadside breath sample.

If you are over the legal limit or the officer believes that you are impaired, you will be arrested, advised of your right to contact a lawyer, and more samples of your breath or blood will be collected at the police station or check stop bus.

The roadside breath sample cannot be used as evidence to convict you of impaired driving. This evidence must be collected from a device called the Intoxilyzer® 8000C.

The Canadian government imposes mandatory minimum sentences for anyone found guilty of impaired driving.

Even for a first offence, penalties include the following:

• A minimum fine of $1,000 (not including fees and surcharges)
• A minimum one-year driving prohibition

For a second impaired driving offence, you will receive:

• An automatic minimum 30-day jail sentence
• A minimum two-year driving prohibition
• A fine at the judge’s discretion

For a third impaired driving offence, you will receive:

• An automatic minimum 120-day jail sentence
• A minimum three-year driving prohibition
• A fine at the judge’s discretion

These are the minimum penalties. The maximum penalty for impaired driving is five years in jail unless someone is injured or killed.

In the case of injury, up to 10 years in jail is possible and a life sentence is not unknown if impaired driving results in someone else’s death.

The ignition interlock program allows drivers convicted of impaired driving for the first time to continue driving after three months (despite their year-long license suspension). For second-time offenders, the period is six months and for third-offenders 12 months.

Under the terms of the program, an eligible driver fits an ignition interlock device (IID or “blow box”) into his/her vehicle and must blow into it before the engine will start. Only if you have a zero-alcohol reading can you start the vehicle.

Not everyone is eligible for the program and acceptance into it may require you to plead guilty to your charge. Speak to one of our impaired driving lawyers for more information.

You can be denied entry to the U.S. with an impaired driving conviction — though the final decision lies with the U.S. Customs and Border Protection Agent handling your case.

There is no official ban for Canadian citizens with impaired driving convictions because it is not considered a “crime of moral turpitude”. However, if you are awaiting trial for a Criminal Code Section 320.14 (3) DUI causing death offence, in which case it is probable that the court may order you to surrender your passport.

A charge is not the same as a conviction. There are several viable defences for DUI or impaired driving, but it will depend on the facts of your case and the skills of your lawyer.

These cases are invariably complex and require extensive expertise to research and present the best possible defence.

Once your lawyer understands what happened, what actions you took, the actions of the police, and what you said during the investigation and charge process, we will start to work on one of the following defences:

• A “rising blood alcohol content” defence
• Challenging the accuracy of the Field Sobriety Tests
• Challenging the breath test results due to faulty or poorly calibrated equipment
• Failure of the police officer to Issue an implied consent warning (for breath test refusal)
• Failure of the officer to protect your Charter rights
• Unlawful checkpoint stop or arrest
• Racial profiling or other misconduct by the police officer(s)

Breath testing equipment, like all machinery, is subject to faults and unless properly maintained can give inaccurate readings. This and/or a lack of training for the officer who carried out the arrest and performed the test can be enough to get a case dismissed.

Sometimes, if the blood alcohol content was between 0.05 and 0.08 but the impaired driving case is not dismissed, the offence can be downgraded to a traffic ticket so that you are not left with a criminal record. But, again, much depends on the skills and experience of your DUI lawyer.

An impaired driving conviction is not necessary for your driver’s licence to be suspended in Ontario. An impaired driving charge is enough.

An immediate administrative licence suspension for 90 days will be applied and your vehicle will likely be impounded for seven days. You may have grounds for appealing this administrative penalty so it’s important to speak to your impaired driving defence lawyer as soon as possible after you’re charged.

The duration a DUI charge remains on your driving record in Ontario depends on your prior history and convictions:

• 3 years: A first-time DUI conviction without a license suspension remains on record for three years from the conviction date.
• 6 years: If your first-time DUI conviction involves a license suspension, it stays on record for six years from the conviction date.
• Indefinitely: Multiple DUI convictions or other serious driving offences may result in the conviction remaining on your driving record indefinitely, based on the severity of the violations.

On top of the punishments already outlined, to get your license reinstated in Ontario after an impaired driving charge entails attendance at a remedial measures program called Back on Track, run by the Registrar of Motor Vehicles.

The fee for the program is currently $634 and you will be liable to pay this. It takes up to 11 months to complete and consists of an assessment session, education and treatment workshops, and a follow-up interview six months after the workshops are completed.

Before you are accepted into the remedial measures program, you will need to meet the following requirements:

• You must be eligible for a driver’s licence
• An ignition interlock device must be fitted in your vehicle
• You must send an application to the Registrar of Motor Vehicles to be accepted into the DUI class
• You will need to pay a portion of the $634 fee before being admitted to the program
• You must consent to classes including addiction services for counseling, rehabilitation, and education.

Successfully defending against an impaired driving charge in Ontario is possible—but only with the help of an experienced and strategic criminal defence lawyer. DUI cases are complex, and police are required to follow strict procedures under the Criminal Code and the Canadian Charter of Rights and Freedoms.

At Affordable Defence, our team will thoroughly review your arrest, the evidence, and all procedural steps to identify legal issues that can lead to reduced penalties or dismissal. Below are some of the most common and effective legal defences used in impaired driving cases across Ontario:

Challenging the legality of the traffic stop

Police must have a valid reason to stop your vehicle, such as a traffic infraction or participation in a RIDE program. While Ontario officers have broad authority to conduct stops, if your vehicle was pulled over without lawful grounds or due to racial profiling, any evidence collected afterward—like breath test results—may be ruled inadmissible.

Disputing reasonable suspicion before a breath test

In some cases, police must have reasonable suspicion that you consumed alcohol before demanding a roadside breath test. If that suspicion was not supported by clear signs of impairment, the demand may be unlawful and the resulting evidence may be excluded.

Arguing a breach of your Charter rights

Violations of your rights under the Charter—such as being unlawfully detained, not being informed of your right to counsel, or delays in accessing a lawyer—can be powerful defences. If any of your rights were breached, your lawyer may argue to exclude key evidence, including breath or blood test results.

Rising blood alcohol content (BAC) defence

This defence argues that your BAC was below the legal limit while you were driving, but rose above 0.08% after you stopped. Timing and expert analysis are critical, and your lawyer will review the timeline of your breath or blood test to determine if this argument applies.

Challenging the accuracy of breath test results

Breath testing devices must be properly calibrated, maintained, and used according to strict protocols. If the device was mishandled or improperly maintained, or if the officer was not properly trained, the results can be challenged as unreliable.

Challenging a delay in breath testing

Breath samples must be taken as soon as reasonably possible. Any unexplained delay between the stop and the test may compromise the results and lead to the exclusion of evidence, especially if your rights were also violated during that time.

Questioning the results of field sobriety tests

Field sobriety tests are subjective and not scientifically conclusive. Factors like anxiety, fatigue, uneven road surfaces, or medical conditions can all affect performance. If the test was poorly administered or environmental factors weren’t considered, the results can be challenged in court.

Raising medical or physiological explanations

Certain medical conditions—such as diabetes, acid reflux (GERD), or neurological disorders—can mimic signs of intoxication or create false positives on breath tests. These factors can be used to cast doubt on the prosecution’s evidence.

Alleging misconduct or profiling by police

If you believe your stop, questioning, or arrest involved racial profiling or other police misconduct, this may form the basis of a defence. Courts take these allegations seriously, and any evidence obtained improperly could be excluded.

Challenging care and control allegations

You can be charged with impaired driving even if you weren’t actively driving, such as when sleeping in your car or sitting in the driver’s seat. In these cases, the Crown must prove there was a real risk you could have set the vehicle in motion. Your lawyer can challenge the evidence to show you did not pose a realistic danger.

Cross-examining the arresting officer

A strong defence often depends on the accuracy and consistency of the officer’s notes and testimony. Any contradictions, missing details, or procedural errors can be used to undermine the prosecution’s case.

Each impaired driving case is unique, and the most effective defence strategy depends on the specific facts, the available evidence, and whether your Charter rights were upheld. At Affordable Defence, founding lawyers Fady Mansour and Solomon Friedman bring decades of combined experience defending impaired driving charges in Ottawa.

To give yourself the best possible chance of avoiding a conviction and minimizing the consequences, contact us today for a free consultation. We will review your case, explain your legal options, and fight to protect your rights every step of the way.