Myth: If I only have one drink an hour I will be ok.
Fact: The average 150 lbs male only burns off one standard drink about every two hours.

Myth: Coffee, a cold shower, a large meal or other home remedies will help.
Fact: Only time will allow your body to burn off the alcohol.

Myth: Different drinks or mixing different kinds of drinks changes the effect.
Fact: Standard size drinks ie 12 oz. of 5% beer, 5 oz. of 12% wine, or 1.5 oz. of 40% liquor all contribute the same to Blood Alcohol content. Any effects caused by drinking different kinds of drinks ie lightheadedness from champagne are psychological and do not affect your blood alcohol content.

Myth: Being charged with over 80 and impaired are the same thing.
Fact: These are two separate charges under the Criminal Code. While you cannot be convicted of both arising out of the same incident, they are different. Over 80 is the amount of alcohol in your blood, impaired deals with the effects of alcohol on you. A good way to think of it is that an experienced drinker may have a number of drinks and end up with a blood alcohol content that exceeds 80 mgs of alcohol in 100 ml of blood but his behaviour is not changed and thus not impaired. The flip side would be a "rookie drinker" who has two drinks. This person's blood alcohol content would not exceed 80 mgs but the alcohol hits them hard, they begin to have problems with coordination and their ability to operate a motor vehicle may be impaired.

Myth: All people react the same way to alcohol.
Fact: As illustrated above different people are affected differently by alcohol. Factors such as drinking experience and age affect how alcohol impacts their abilities in impaired cases while factors such as weight and gender affect the quantities of alcohol in a person's blood in over 80 cases.

Myth: Hypoventilating (holding your breath) or hyperventilating (breathing really hard) affects the readings.
Fact: The only factor that will lower your reading on the Intoxilyzer is giving your body time to burn off the alcohol. Hypoventilating and hyperventilating only make you dizzy.

Myth: It is better to refuse to give a breath sample.
Fact: Refusing to provide a sample either at the road side or at the station is a separate and additional offence. You may be charged with both refuse and impaired driving and end up with another separate charge you have to fight and possible additional penalties.

Myth: I must be ok to drive when I wake up in the morning and do not feel drunk
Fact: Alcohol stays in your system regardless of whether you sleep. While the time you were sleeping does affect how much your body burns off, you may wake up in the morning and not feel impaired but still have a blood alcohol content that is over 80. Remember that it takes about 2 hours to burn off each drink, so, a person that has 10 standard size drinks normally needs about 20 hours to get back to a 0 BAC.

Myth: My car keys weren't in the ignition so I can't be charged.
Fact: The law says that you can be charged if you are in care and control. You are presumed to be in care and control if you are in the driver's seat. Even if you aren't in the driver's seat the Crown Attorney can still prove that you were in care and control through other factors. Some people have been found guilty while changing a tire, filling the car up with gas or even phoning a tow.

Myth: If I'm convicted I can still keep my license to drive for work
Fact: If you are convicted of over 80, impaired driving, refusing a sample, failing to stop at an accident, failing to stop for police, dangerous driving or manslaughter or criminal negligence involving a vehicle, the Ministry of Transportation of Ontario will suspend your license for at least one year and even more for subsequent offences. The MTO will also require that you install the Interlock device (basically a breathalyzer in your car) if you are convicted of impaired, over 80 or refuse for a time after you do get your license back. The criminal court may suspend your license for a time as well. The only way you will be able to continue driving for any reason is if you have the charge reduced to careless driving or a similar charge.

Myth: The officer has to give you a roadside test.
Fact: If the officer believes you to be obviously impaired he or she does not need to give you a roadside test but can arrest you and take you directly to the station to provide a test. Even if they do not get tests at the station you may still be convicted of impaired driving given your physical attributes when the police come across you. Without the readings you just cannot be charged with over 80 because there is no way to prove the amount of alcohol in your blood.

Myth: A pardon erases any prior record.
Fact: A pardon erases the criminal conviction, however, it does not affect your Ministry of Transportation record and the MTO will suspend your license based on their records, not your criminal record.

Myth: When the judge sentences me, that is the final word on penalty.
Fact: While the criminal sentence is important it is not the end of things. The MTO has a sentencing scheme that is separate from any criminal punishment. The MTO will take your license for 1 year on a first conviction, 3 years on a second conviction and for life on a third. There is a chance you can get your license back after 10 years on a third but if caught a fourth time there is no chance to ever get it back. Further, you will have to have the interlock blower device installed for the same amount of time as the suspension after the suspension is completed. ie one year on first, three years on second and for the rest of your life on a third. A person’s MTO record only rehabilitates after 10 years without a conviction. Strangely, the MTO consequences are often more serious than the Criminal Court's consequences.

Myth: Previous convictions from other provinces or the USA don't count.
Fact: Convictions from New York, Michigan or any Canadian province count towards MTO suspensions. Convictions from other provinces also count towards Criminal Code penalties.

Myth: The only cost I face is the fine imposed.
Fact: The fine imposed is only one cost you face. The loss of your license, the embarrassment of having the Interlock device installed, the cost of the interlock device (around $1500/year), the increased insurance rates, having to take the "Back on Track" program and the cost of the program, having a criminal record which can interfere with employment and/or travel are only some of the costs you face. Some studies have indicated that if you are convicted, the direct financial costs are typically between $20,000 and $30,000.

Myth: There is no hope, I may as well plead guilty and throw myself on the mercy of the Court.
Fact: Only a lawyer who is experienced in Criminal law and the intricacies of these very technical offences and their technical defenses can accurately assess your chances. There is hope but you need to speak with someone who is experienced in this area as early as possible.