Best Impaired Driving Lawyer Toronto
Being charged with impaired driving can have severe consequences, including license suspension and fines. Our experienced Best Impaired Driving Lawyer Toronto will fight to protect your rights and work toward the best possible outcome for your case. Contact us for strong legal representation.
Understanding Impaired Driving & DUI Lawyer Toronto – Impaired Driving Lawyer
In Canada, ‘impaired driving’ refers to a criminal offence of operating or having care or control of a motor vehicle while under the influence of drugs or alcohol.
DUI (driving under the influence) is the most common criminal charge in Canada, and it happens if you drive with a blood alcohol level in excess of 80 milligrams of alcohol per 100 milliliters of blood (.08). Impaired driving and driving with a blood alcohol level in excess of .08 attract similar penalties.
The 3 Criminal DUI Offences in Canada
Impaired Driving or Care & Control of a Motor Vehicle
The Canadian Criminal Code prohibits the operation of a motor vehicle while under the influence of drugs or alcohol. However, the Crown prosecutor has to prove that your ability to operate a motor vehicle was impaired by drugs or alcohol during the driving or care and control of the motor vehicle.
Note that the Crown prosecutor only needs to prove there was even the slightest hint of impairment, but he/she still has to prove this beyond any reasonable doubt.
Our Impaired Driving Lawyer Near Me at Costa Law Firm has been defending clients against impaired driving charges for several years now.
Our Impaired Driving Lawyer Toronto will ensure the court looks at such factors as comprehension, evidence of balance, motor skills, judgment, reaction time, physical movement, and coordination during the time of the arrest.
Care and control of a motor vehicle means you might not have been operating the vehicle or even behind the wheel at all, but the vehicle was under your direct responsibility. A good example of this is “sleeping it off” in a car while under the influence.
The Crown prosecutor has to prove intention, such as that you had the intention of starting the vehicle or there was a risk that you would accidentally set the vehicle in motion.
During our defense, we will bring in such factors as the location of the keys, your position in the vehicle, and your plans for alternative transportation.
For instance, if you were sleeping in the back seat and are being charged with intending to start the motor vehicle, no judge will buy this. Another example is if you are accused of intending to start the vehicle while you had already called an Uber.
Driving or Having Care & Control while Over 80
This is a more serious charge because it means you are charged with driving or being in care and control of a motor vehicle while already drunk.
To sustain this charge, the police officer will have taken a blood sample through a qualified technician at the police station or used a breath analyzer, and the results should have shown that you have a blood alcohol level of over 80mg of alcohol in 100mL of blood.
Under section 253 of the Canadian Criminal Code, if an officer has reasonable grounds to suspect that you have committed an offence within the past 3 hours due to alcohol, he/she can demand that you provide “suitable breath samples into an approved instrument.”
On the other hand, blood samples are taken if you are unable to give a breath sample (such as if you have been injured in a motor vehicle collision).
An officer of the peace can demand a blood sample, with the approval of a medical doctor, and the doctor or nurse can assist in collecting the sample.
Although this is much more difficult to argue and win, our DUI defence lawyers will urge the court to exclude the samples from its consideration.
For example, we may argue that the findings were not accurate due to equipment or human error, even when there is a Certificate of a Qualified Technician.
In case of toxicology reports, we will argue the inaccuracy of the assumptions that the extrapolated readings are predicated on.
Failure or Refusal to Provide Breath Sample
Under Canadian law, you are obligated to provide breath samples if a valid demand is made by an officer of the peace, unless there is a reasonable and understandable reason not to do this.
If you are accused of failure or refusal to provide a breath sample, our DUI Lawyer Near Me will argue that the demand was not valid and violated your “protection against unreasonable searches and seizures” under section 8 of the Canadian Charter of Rights and Freedoms.
Failure to comply with an invalid demand is not an offence. Our Impaired Driving Lawyer Toronto will also argue that there was a reasonable excuse not to give the breath sample.
DUI Penalties Lawyer Toronto
You need a DUI attorney toronto for DUI cases because the penalties for driving under the influence are serious:
- First Time: Mandatory treatment program, $1,000 fine, victim fine surcharge 30%, 1-year minimum interlock, no minimum jail sentence, 1-year licence suspension
- Second Time: Mandatory treatment program, fine at judge’s discretion, 3-year minimum interlock, 30-day minimum jail, 2-year licence suspension
- Third and Subsequent Times: Mandatory treatment program, fine at judge’s discretion, variable interlock periods, 120-day minimum jail, 3-year licence suspension
Other penalties include higher insurance rates, a criminal record, and possible life-threatening consequences. The Ministry of Transportation may also impose even heavier penalties, including lifetime suspension (we can assist appeals after 10 years).
Avoid driving under the influence since it carries risks up to 10 years in jail if someone is hurt and a life sentence if someone is killed.
Whatever happens, our Impaired Driving Lawyer Toronto team is here for you. Call us on 416-535-6329 to speak with a domestic assault Attorney for related guidance.
FAQs
1. What should I do if charged with DUI in Toronto?
Hire a Best Impaired Driving Lawyer Toronto immediately to ensure your rights are protected and to plan an effective defence.
2. How long does it take to resolve a DUI case?
Resolution depends on case complexity, evidence, and court schedules. Our dui attorney toronto can accelerate proceedings efficiently.
3. Can a DUI charge be reduced or dismissed?
Yes. DUI Lawyer Near Me will assess evidence like breath tests, blood samples, and arrest procedures to challenge inaccuracies and strengthen your defence.
4. What penalties can I face for impaired driving?
Penalties include fines, jail, licence suspension, mandatory programs, ignition interlock requirements, higher insurance, and a criminal record.
5. Can I handle a DUI charge without a lawyer?
While possible, it is highly risky. dui defence lawyers have experience navigating Canadian DUI laws to minimize penalties and protect your rights.
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Costa Law Firm
Costa Law Firm is a law firm located in Toronto with exceptional credentials that stands out for its commitment to client service. Our service minded approach has led Costa Law Firm to be one of the most reliable law firms in Toronto.
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