DUI & Impaired Driving

Charged with impaired driving or DUI

When you are charged with a DUI, the result can be shocking, but there is hope. Sourena Sarbazevatan has handled DUI charges across many levels of severity, including those involving:

• an accident
• the involvement of children
• damage to public or private property
• injured parties
• fatalities

These charges rely heavily on mechanical equipment and accurate readings, which leaves room for error. A number of problems can occur with roadside testing, such as:

• improper use of the equipment
• improper maintenance of the equipment
• equipment malfunctions

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Building your defense

A skilled DUI lawyer understands the nuances of the law and will protect your rights, investigate the circumstances of your arrest, and develop a defense tailored to your case. Sourena Sarbazevatan reviews each case with close attention to detail, because not all DUI charges are the same, and works with you to keep the process as straightforward and affordable as possible. Whether or not you were driving under the influence, the smart step now is to get in touch.

Impaired driving, over 80, and refusing a test

Impaired driving charges in Canada actually cover several distinct offences: operating a vehicle while impaired by alcohol or drugs, driving with a blood alcohol concentration at or over 80 milligrams (often called "over 80"), and failing or refusing to provide a breath or drug sample. Refusing a test is itself a criminal offence, with penalties similar to impaired driving, so you cannot avoid a charge simply by declining. Drug-impaired driving, including cannabis, is prosecuted in the same way.

Penalties for a DUI in Ontario

Even a first conviction carries a mandatory minimum $1,000 fine, an automatic driving prohibition, and a criminal record, and penalties rise sharply with a higher reading, a refusal, or any injury. Beyond the court, you face a licence suspension, vehicle impoundment, higher insurance costs, and the mandatory ignition interlock and education programs administered by the province. The true cost of a conviction is far greater than the fine alone.

How DUI charges are challenged

A DUI defence often begins with the traffic stop itself: police must have a lawful reason to stop you and to demand a sample, and any breach of your Charter rights can lead to evidence being excluded. We also examine whether the testing equipment was properly calibrated and operated, whether the samples were taken within the required time limits, and whether the correct procedures were followed. These technical details frequently decide the outcome of a case.

Your licence is suspended before any trial

One of the first shocks of a DUI charge is that the consequences begin long before you ever see a courtroom. In Ontario, a driver who registers a fail or refuses to test faces an immediate roadside licence suspension and vehicle impoundment, followed by a further administrative suspension that runs while the charge is outstanding. These provincial penalties apply regardless of what happens in criminal court, which is exactly why it is so important to understand your options and your deadlines from the moment you are charged.

Drug-impaired and cannabis-related charges

Since cannabis was legalised, drug-impaired driving has become a growing area of enforcement, and it is prosecuted just as seriously as alcohol. Police may rely on a roadside oral-fluid screening device, a Standardised Field Sobriety Test, or a Drug Recognition Evaluation, and they can demand a blood sample. Each of these methods has real limitations and strict procedural requirements, and the science behind them is still developing. A careful review of how the evidence was gathered is often the key to challenging a drug-impaired charge.

Why the roadside stop matters so much

Because a DUI case usually depends on breath, blood, or observation evidence gathered at the roadside, the legality of the stop and the demand is central. Police must have reasonable grounds at each step, must inform you of your right to counsel, and must follow the timing rules built into the Criminal Code. When any of these requirements is not met, your lawyer can ask the court to exclude the resulting evidence under the Charter of Rights and Freedoms, which can weaken or even end the Crown's case.

First steps after a DUI charge

If you are charged with impaired driving, act quickly and carefully. Say as little as possible to police beyond identifying yourself, and ask to speak with a lawyer. Make a note of everything you remember about the stop, the timing, and the tests, while it is fresh. Deal with the immediate licence suspension and any impoundment right away, and do not drive while suspended, as that is a further offence. Because DUI cases turn on strict procedures and tight deadlines, getting advice in the first days often preserves defences that would otherwise be lost.

Why choose Sarbazevatan Law

DUI defence is technical, deadline-driven, and unforgiving of delay. Sourena Sarbazevatan reviews the disclosure closely, from the officer's notes to the maintenance records of the testing instrument, and builds a defence around the specific facts of your stop. He serves clients in English and Persian and works to keep the process clear and affordable, so you always understand where your case stands and what comes next.

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