Impaired Driving Charges in Winnipeg? Get Expert Legal Defence Now

Facing an impaired driving charge in Winnipeg is one of the most stressful situations you can encounter. The consequences are severe—licence suspension, criminal record, hefty fines, and potential jail time. But the good news is that impaired driving cases often have legal vulnerabilities that an experienced criminal defence lawyer can challenge.

At Theodore L. Mariash Law Office, Jason Malloy has defended hundreds of impaired driving cases across Manitoba. He knows exactly how to challenge the Crown’s evidence and protect your rights. Whether you failed a roadside breath test, refused a breathalyzer, or were arrested at a checkpoint, you need a lawyer who understands the science, the law, and the procedure.

What Is Impaired Driving?

Under the Criminal Code of Canada, impaired driving occurs when you operate a motor vehicle while your ability to do so is impaired by alcohol or a drug. The Crown doesn’t have to prove you were “extremely drunk”—they only need to show that your ability to operate a vehicle was impaired to any degree.

Manitoba and federal law recognize two main types of impaired offences: driving while impaired by alcohol or drugs, and exceeding the legal limit (80 mg per 100 mL of blood). Many people don’t realize these are different charges with different potential defences.

Potential Penalties

The penalties for impaired driving escalate with each conviction:

First offence: Minimum $1,000 fine, 1-year driving prohibition, possible jail time up to 10 years, mandatory minimum licence suspension through MPI.

Second offence within 10 years: Minimum 30 days jail, $1,500 fine, 2-year driving prohibition. A criminal record follows you forever.

Third offence within 10 years: Minimum 120 days jail, $2,000 fine, 3-year driving prohibition.

Beyond criminal penalties, you also face provincial consequences. Manitoba Public Insurance (MPI) will suspend your licence—often immediately upon arrest. The Licence Suspension Appeal Board (LSAB) decides whether to reinstate your licence. Fighting your criminal charge is your best opportunity to also fight your licence suspension.

Additional consequences include losing your job, inability to cross the U.S. border, higher insurance premiums, and professional licensing issues.

Possible Defences to Impaired Driving Charges

The police must follow strict procedures when making a DUI arrest. Any deviation gives us grounds to challenge the evidence:

Faulty Roadside Screening Devices: The Approved Screening Device must be properly certified and maintained. Missing maintenance records or incorrect operation can invalidate results.

Improper Breathalyzer Administration: The operator must observe you for 15 minutes before the test, calibration must be certified, and the machine must have current certification. Procedural breaches can make readings inadmissible.

Charter Rights Violations: Police must have reasonable grounds to demand a test and must read you your rights. If procedures weren’t followed, evidence can be excluded entirely.

Rising Blood Alcohol Defence: Blood alcohol levels can rise for hours after drinking. If you had your last drink shortly before driving, your blood alcohol may have been lower while driving.

Medical Evidence: Certain medical conditions, medications, and dental work can affect breathalyzer results. We work with toxicologists and medical experts to challenge the Crown’s evidence.

Why You Need a Criminal Defence Lawyer

A DUI conviction follows you for the rest of your life. It affects employment, travel, relationships, and your future. Police and the Crown expect you to be nervous and willing to accept whatever they offer.

An experienced impaired driving lawyer will review all police notes and test results for procedural errors, demand full disclosure of maintenance records and certifications, challenge the Crown’s evidence in court, negotiate the best possible outcome, help with LSAB licence suspension appeals, and protect your rights at every stage.

Take Action Today

An impaired driving charge is serious, but it’s not hopeless. Many charges are dismissed or reduced based on legal deficiencies in how the police conducted the investigation. A free consultation will tell you exactly what we can do for your case.

Call 204-784-3047 today for your free consultation. Jason Malloy is available 24/7 and ready to fight for you.