Impaired Driving FAQS


1. Should I just plead guilty?
No, you should NOT plead guilty. This would result in a full loss of the case and you would face all of the consequences associated with being convicted with impaired driving.

2. What are the consequence of pleading guilty or losing my case and being charged with Impaired Driving, OVER 80 or Refusal?
Impaired driving, Over 80 and refusal all have the same criminal consequences. Some of the ramifications include receiving a criminal conviction for life and record of photo’s and fingerprints with the RCMP, driver’s license suspension for 1 year, high monetary penalties/fines, installation of an ignition interlock system in your vehicle for 1 year at your expense, relicense programme with the Ministry of Transportation (Back On Track) before license reinstatement, possible facility insurance which can have premiums between $5000 to over $10,000/year for several years, denied entry into the US and other countries abroad, difficulty with future employment with a criminal record, etc.

3. What are the chances of winning an impaired driving case?
What will likely be the end result of my case? No lawyer can guarantee success and guarantee a result. Lawyers are not allowed to give a “Success Rate”. However, our office practices criminal defence and specializes in impaired driving/over 80/refusal charges. We handle over 100 impaired driving cases/year and we have been able to fully dismiss or plea bargain a good majority of our cases. Brian Starkman doesn’t take the easy way out. He attempts to fully aquit his clients of all criminal charges by mostly taking impaired driving cases to trial! A full acquittal would mean you are “not guilty” and would not face any of the consequences mentioned above. If Mr. Starkman believes your case will likely not win at trial, he will attempt to plea bargain the charge down to a traffic ticket. This would also be considered a successful result!

4. Is there anything you can do regarding the initial 90 day license suspension?
No lawyer can do anything about the initial 90 day license suspension. This is mandatory and you should not drive during this time.

5. How much will it cost?
All cases are different so we need to review your particular case before issuing a quote. However, our office handles a volume of impaired driving, over 80 and refusal cases all throughout Ontario which helps lower the costs with our efficient system.

6. Do I have to pay the full legal fee upfront?
No, we offer flexible financing and payment plans for up to six months.

7. Do you offer a free first consultation? Free full case review?
Yes, call 1 866 WE WIN 01 for a free quote and to setup a free consultation with Brian Starkman. He will make time to see you within 24 to 48 hours.

8. What defences can you use to win my case?
There are many different defences we can use to defend your case. See the “Impaired Driving Defences” section of our website.

9. How are you different from other lawyers or paralegals or ex cops?
Brian Starkman is different from other lawyers/paralegal and ex cops because he ONLY practices criminal defence and specializes in impaired driving. This means he will not handle other areas of law such as real estate, divorce, traffic tickets, personal injury, etc. Paralegals and ex-police often do NOT have a law degree and are NOT lawyers. They often do not have the same education and legal credentials lawyers have.

10. Why should I hire Brian Starkman?
Brian Starkman has been ranked the #1 DUI Lawyer specializing in Impaired driving, Over 80, Refusal charges by He has over 20 years of experience as a crown prosecutor and criminal lawyer and handles over 100 impaired driving cases/year. Being a former crown prosecutor gives him a lot of insight and ability to view cases from a prosecution and defence point of view. This unique experience in both sides of the law gives him the insight to know which defences will most likely lead to winning an impaired driving/over 80/refusal case. He is frequently quoted in Toronto media and is well known throughout Toronto courts by judges, prosecutors, and police officers. He is the prime lawyer recommended by the Best DUI Lawyers Network which only works with some of the best DUI Lawyers in Canada.