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In any impaired driving case, there may be one or more defences that could lead to the dismissal of the charge or a reduction to a lesser offence. Among the most significant of these is the “Last Drink Defence,” sometimes called the “Bolus Drink Defence” or “Rising Blood Alcohol Defence.” While the defence is simple in concept, developing it can be a highly complex undertaking, requiring investigation and analysis by experts in blood chemistry, toxicology, alcohol testing and other disciplines.
At the Impaired Driving Defence Centre, we have successfully employed the Last Drink Defence in a number of cases. Our lawyers have extensive experience in impaired driving cases and the development of successfuldefence strategies*. In your case, we will work diligently to build a strong and successful defence for you.
Founded in 1993, Neuberger & Partners LLP is a high profile Toronto law firm with exclusive focus on criminal law. Our lawyers have represented clients in simple, complex and high-profile cases throughout the Greater Toronto Area and across Ontario.
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Canadian law prohibits a driver from having a blood alcohol level over 80 milligrams per 100 millilitres of blood. Individuals who cause accidents while driving while impaired can face significant criminal charges...
It is a criminal offence to operate a motor vehicle under the influence of drugs. These charges are usually documented by means of standardized field sobriety tests taken at the roadside under the observation...
Refusing to provide a breath sample is a crime in Ontario and elsewhere in Canada. While these cases may seem cut and dried, in that you either perform the test or you don’t – there may still be other legal and factual...
If you are convicted for refusing to submit to a roadside alcohol screening, you will face the same penalties as for impaired driving or driving over 80. For a first-time offender, these include suspension of your...
The consequences of being found guilty include, most importantly, a criminal conviction for the offence for which you were found guilty. There are additional consequences that are both financial and liberty...
Conviction of a drinking and driving related charge will result in a permanent criminal record. Your photograph and fingerprints will be retained by the RCMP and will become easily accessible by law-enforcement...
Many people often believe that because they have been charged with a drinking and driving related offence that they will ultimately be convicted of the charges and lose their driving privileges. This in...
Classified as a “high-risk” driver in the Province of Ontario, an individual is usually required to obtain insurance from Facility Association. Facility Association will typically add a surcharge of 100% of the normal premiums...
Conviction of impaired driving, over 80, refuse breath sample, or other related charges may result in limited travel abilities. Other countries, including the United States, can prevent entry into their country if the individual...
In any impaired driving case, there may be one or more defences that could lead to the dismissal of the charge or a reduction to a lesser offence. Among the most significant of these is the “Last Drink Defence,” sometimes...
If you wish to regain your license at the expiry of the driving prohibition period, you will need to participate in a mandatory provincial assessment program at your expense. (Approximate fee for this assessment is $500.00.)...
First Offence Conviction Consequences: A minimum fine of $600.00, A minimum one-year driving prohibition period, Possible period of probation
Second Offence Conviction Consequences: A minimum jail...
At the heart of the “Last Drink Defence” is the recognition that breath test results do not always indicate the true level of alcohol in the blood. Let’s say that you drink “one for the road” just before getting in your vehicle. If you are stopped for a roadside test, there may be a significant level of alcohol on your breath, even though the alcohol in your stomach has not been fully absorbed into your blood stream. With a careful analysis of the factors of time, the amount of alcohol you drank and the testing procedures used, along with other factors, it may be possible to show that you were not in violation of Section 253.
Our lawyers have made a careful study of the science of breath testing and alcohol absorption, and we have worked with many experts over the years. Our firm will provide tireless advocacy in the defence of your rights, seeking the best result for you.
Contact the Impaired Driving Defence Centre for a no-charge, 30-minute consultation with one of our Toronto last drink defence lawyers by calling 416-364-3111 or contact our office online.
Past results are not necessarily indicative of future results and that the amount recovered and other litigation outcomes will vary according to the facts in individual cases.
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Grace Condello, Neuberger & Partners LLP Bill S-205 received Royal Assent on October 10, 2024 and introduced several...
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Michael Bury & Nick Whitfield Under current Canadian law, an individual cannot consent to the infliction of bodily harm...
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