Impaired Driving (DUI) Lawyer Toronto

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 you are already drunk. To sustain this charge, the police officer will have taken a blood sample through a qualified technical 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 collect the sample.

Although this is much more difficult to argue and win, we will urge the court to exclude the samples from its consideration. As an 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 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 not failure or refusal to provide a breath sample, we will argue that the demand was not valid and it violated your “protection against unreasonable searches and seizures” which is in section 8 of the Canadian Charter of Rights and Freedoms. Failure to comply with an invalid demand is not an offence. We will apply before the judge to have these results excluded as evidence under section 24(2) of the Charter. We will also argue that there was a reasonable excuse not to give the breath sample.

You need a impaired driving lawyer Toronto for DUI cases because the penalties for driving under the influence are quite serious. They include:

If you are convicted, you will get an automatic Canada-wide driving prohibition, and either a jail sentence or a fine and the possibility of probation.

First Time

• Mandatory treatment program or education
• $1,000 fine and victim fine surcharge of 30%
• 1-year minimum requirement to drive a car that has an ignition interlock device
• No minimum jail sentence
• 1-year licence suspension

Second Time

• Mandatory treatment program or education
• A fine with the amount at the discretion of the judge
• 3-year minimum requirement to drive a car that has an ignition interlock device
• 30-day minimum jail sentence
• 2-year licence suspension
• Third and subsequent times
• Mandatory treatment program or education
• A fine with the amount at the discretion of the judge
• Variable interlock periods
• 120-day minimum jail sentence
• 3-year licence suspension

Other than these penalties, another reason to avoid DUI charges is that with them come higher insurance rates, a criminal record, and you could get someone killed. The Ministry of Transportation may also impose even heftier penalties, including suspension of your license for life (which we can assist your appeal after the lapse of 10 years).

Avoid driving under the influence since you risk 10 years in jail if someone is hurt and a life sentence if someone is killed. Whatever happens, we are here for you. You can call us on 416-535-6329 to ask a criminal defence lawyer Toronto any question you may have on impaired driving and DUI.