Ottawa Drinking and Driving Lawyers

In Canada, there is no specific crime of driving under the influence, A.K.A. “DUI,” but there are several offences related to driving while intoxicated, or after having consumed alcohol or drugs.

These offences are all serious, and they bring with them serious consequences. The financial costs alone are considerable. Drunk driving offences carry a mandatory driving prohibition, which means incurring the cost of securing others ways of getting around, often for a year or more. Also, following a conviction, the cost of obtaining insurance will often skyrocket, and you will often be required to install an alcohol interlock device in your car—at your own expense—for a considerable period of time. The total costs from losing your license, and the increased costs of regaining it, often total tens of thousands of dollars. In addition, a conviction for one of these offences will typically invalidate your insurance, which means you could be personally liable if a person was injured or property was damaged (including your own vehicle) in the course of the offence.

In addition to these financial costs, impaired driving offences carry all the usual risks that flow from a criminal conviction: the potential for a jail sentence, loss of employment prospects, and an inability to travel internationally.

If you have been charged with a drinking-and-driving or drug-impaired driving offence in Ottawa or eastern Ontario, the experienced drinking and driving lawyers at Abergel Goldstein & Partners LLP can help.



Driving Over 80

This criminal offence is committed where the blood-alcohol concentration in the defendant’s body exceeds 80 milligrams of alcohol per 100 milliliters of blood. It is sometimes referred to as “Over 80” or “Over .08.” The blood-alcohol level is determined from a sample obtained by the police after being stopped, usually through a breath sample.

Impaired Driving

Impaired driving occurs where a person’s ability to drive is impaired from the use of alcohol and/or drugs.

“Care and Control”

Most people are unaware that they do not need to be driving a motor vehicle to be charged with a drinking-and-driving offence. If a person is in “care and control” of a vehicle—for example, if the person is sitting behind the wheel of a vehicle that is parked, with easy access to the keys—they can be convicted of a DUI offence.

Refusal to Provide a Sample

The police have the right to demand a breath sample if they have grounds to believe that a suspect is impaired or under the influence of alcohol or drugs. Refusing to provide the sample carries the same penalties as being convicted of driving “over 80” or impaired driving.

Defending DUI Offences

There are numerous defences to DUI criminal charges. If you are facing a DUI charge, the lawyers at Abergel Goldstein & Partners LLP will carefully examine the circumstances of your case, and the evidence the police and Crown have against you, to build a strong defence to the charges. Call us at 613-235-9779 to schedule a consultation to discuss your case with one of our experienced Ottawa impaired driving lawyers.



In a criminal trial, there is no room for mistakes. We are experienced criminal lawyers, ready to handle any type of charge - from impaired driving to murder. And if you have been convicted, it’s not over yet. Clients convicted of every kind of criminal offence put their faith in our criminal appeal team to deliver the just result they were denied at trial.



We only do criminal law, and we do it well. Each defense and appeal lawyer at AGP will fight for your freedom, your rights, and your reputation. We have fought the toughest cases, from the trial courts to the Supreme Court of Canada. When you retain counsel from AGP you retain experienced, expert, respected counsel.



There is more to a criminal case than what happens in court. We know your privacy is important. Sometimes clients want to talk to the media and sometimes they don’t. You can’t always control what others say about you. But we can help you fly under the radar and when we can’t we will make sure that any media coverage helps your case instead of hurting it.


A meeting won’t cost you anything. We’re happy to sit down with you and discuss your needs.


116 Lisgar Street, Suite 200
Ottawa, ON K2P 0C2
Tel: (613) 235-9779
Fax: (613) 235-8317


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