Impaired Driving & DUI Lawyer in Vaughan

An impaired driving charge in Vaughan starts with consequences before you ever see a judge. Your licence is suspended at the roadside, your car is towed and impounded, and you leave the station with a court date in Newmarket. Avi Baratz has defended impaired driving, over 80 and refusal charges for more than 20 years. He can help you understand the evidence against you and what happens next.

Impaired Driving Charges in Vaughan and York Region

Vaughan is policed by York Regional Police #4 District, headquartered at 2700 Rutherford Road. Impaired driving investigations in the city often begin at RIDE checks or traffic stops on Highway 400, Highway 407, Highway 427, Highway 7, Rutherford Road, Major Mackenzie Drive, Jane Street, Weston Road and Steeles Avenue West. They can also start after a collision or a call from another driver.

Police can demand a roadside breath sample from any driver they lawfully stop, even without suspecting that you have been drinking. If the screening device registers a fail, you will usually be arrested and taken to a police station for further breath testing on an approved instrument.

Where Your Case Will Be Heard

Impaired driving charges laid in Vaughan are prosecuted at the Newmarket courthouse, 50 Eagle Street West, Newmarket, Ontario L3Y 6B1, not in Vaughan. Your release documents will list your first appearance date. That first date is not a trial. It is usually where the Crown provides disclosure, the police evidence against you, so your defence can begin.

What You May Be Charged With

Section 320.14 of the Criminal Code creates several related impaired driving offences. You may face one or more of the following:

• Impaired operation: your ability to drive was impaired to any degree by alcohol, a drug, or both.
• Over 80: a blood alcohol concentration of 80 milligrams or more per 100 millilitres of blood within two hours of driving.
• Drug-impaired driving: impairment by cannabis, illegal drugs or prescription medication, or a blood drug level over the legal limit.
• Refusing or failing to provide a sample: a separate offence when police allege you did not comply with a lawful breath, blood or drug-test demand.
• Impaired operation causing bodily harm or death: far more serious charges with much higher penalties.

Roadside Penalties Start Immediately

Ontario imposes its own administrative penalties the moment you blow 0.08 or more, refuse a test, or fail a drug recognition evaluation. These happen before any finding of guilt:

• an immediate 90-day licence suspension
• a 7-day vehicle impoundment, with towing and storage at your expense
• a $550 administrative penalty, plus a licence reinstatement fee

These provincial penalties are separate from the criminal case. Even if the criminal charge is later withdrawn, the roadside suspension still applies. Drivers who register in the warn range (0.05 to 0.079) face shorter suspensions without a criminal charge.

Penalties if You Are Convicted

A conviction brings a criminal record and further consequences under the Criminal Code:

• a minimum one-year driving prohibition for a first offence
• a minimum fine of $1,000, rising to $1,500 for a reading of 120 to 159 mg and $2,000 for 160 mg or more
• a minimum $2,000 fine for a first refusal conviction
• a minimum of 30 days in jail for a second offence and 120 days for a third

A conviction can also mean higher insurance premiums or cancelled coverage, ignition interlock requirements, and problems crossing the U.S. border. For anyone who drives for work, the indirect costs can exceed the fine.

How We Defend Impaired Driving Charges

A breath reading is important evidence, but it is not the end of the case. Every impaired driving file turns on how the police got their evidence. We review the disclosure for issues such as:

• whether the traffic stop and detention were lawful
• whether breath demands were made properly and on time
• whether you were told about your right to a lawyer and given a real chance to speak with one
• whether the screening device and approved instrument were operated and maintained correctly
• whether police observations actually support impairment
• whether a medical condition affected the test or the officer's observations

Where the evidence supports it, these issues can lead to excluded evidence, a withdrawn charge or a reduced outcome. No result can be guaranteed, but early advice gives you the most options.

What to Do After an Impaired Driving Charge in Vaughan

• Do not drive while your licence is suspended or prohibited.
• Keep every document police gave you: the release, suspension notice and impound paperwork.
• Write down what happened while it is fresh, including times, what you ate and drank, and who you were with.
• Do not discuss the case on social media.
• Speak with a criminal defence lawyer before your first court date.

Contact a Vaughan Impaired Driving Lawyer

If you have been charged with impaired driving, over 80, drug-impaired driving or refusal in Vaughan, contact Baratz Law for a confidential consultation. Call 416-937-3777 or email avi@baratzlaw.com. We are available 24 hours a day.