DUI Law Firm
Experienced DUI Law Firm
If you or someone you know faces DUI charges, you need to get in touch with an experienced DUI lawyer immediately. It would be best to have a DUI law firm that has successfully represented clients who faced impaired driving charges in Ontario
What is DUI?
DUI or Driving Under the Influence is also known as Impaired Driving. It refers to the criminal offence of operating a motor vehicle while under the influence of alcohol or drugs.
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Three Areas of the DUI law:
DUI charges
Under Section 253 of the Canadian Criminal Code, everyone
commits an offence who:
Operates a motor vehicle or vessel or assists in the operation of an aircraft or of railway equipment, who has the care or control of a motor vehicle, vessel, aircraft, or railway equipment, whether it is in motion or not while that person’s ability to operate the motor vehicle, vessel, aircraft, or railway vehicle is impaired by alcohol or a drug.
Driving over 80 mg
Under section 320.14 of the Canadian Criminal Code, it is a criminal offence to drive a car with a blood alcohol concentration (BAC) of 0.08, or 80 mg. of alcohol in 100 mL of blood.
One way to determine this is by analyzing the driver’s breath samples obtained by police and processed with a breathalyzer. Another way to test blood alcohol is by testing a sample of the driver’s blood. However, this is only possible if the officer believes the driver may be incapable of providing a breath sample due to their health, or it would not be practical to obtain a breath sample. Thus, getting a blood sample is typically a last resort.
Refusing a breathalyzer
In Canada, police have the right to stop your vehicle for any reason. They can demand a roadside breath test even if they do not suspect you are guilty of drinking and driving offences.
Police can request your driver’s licence, insurance, and car ownership papers. They can also ask if you have consumed drugs or alcohol. Even if the police do not smell alcohol in your car or if they suspect usage, they can request field sobriety tests and a breath test.
You can refuse a breathalyzer test, but you will be charged with refusing to comply with a police demand (Criminal Code of Canada, Section 320.15)
“I have successfully defended clients who were accused of impaired driving. As a criminal defence lawyer, I believe that anyone who seeks my help in a case is presumed innocent until proven otherwise. I am passionate in challenging the evidence presented and providing all the facts needed to help clients win their case.”
Robert W.H. Kivlichan
Impaired Driving Lawyer, Founding Partner KIVLAW DEFENCE LAWYERS
Defences for DUI charges in Oakville
It may seem difficult to prove a person’s innocence when they are accused of impaired driving. However, there are some standard defences your DUI lawyer can use to help get your case dismissed.
Canadian courts also protect the accused by way of The Canadian Charter of Rights and Freedoms, which will ensure that you will be given a fair trial. If you have the best DUI lawyer in St. Catharines, Oakville and Toronto, and the judge finds Charter Rights violations, there is a high probability that charges will be dropped. Following are some defences that your Toronto DUI lawyer may use:
- Failure of authorities to inform a defendant about their Charter Rights.
- Failure of authorities to allow the accused reasonable opportunity to consult with their preferred impaired driving lawyer.
- Failure of authorities to allow the accused to consult with their preferred lawyer in private.
- Failure of authorities to provide competent interpretation services in case of language barriers.
- Authorities fail to provide the accused with a timely and clear explanation of why they are being detained or charged.
- Authorities leaving the defendant in a state of indefinite uncertainty about why they were detained or why there are unreasonable delays in making a roadside screening demand.
- Failure of authorities to provide the defendant their right to a speedy trial.
- The lack of probable cause a demand for a breath sample
- Failure of officers to provide suspects with certification when they take the breathalyzer test.
- The excessive detainment of the accused after their arrest.
- The accused had no other choice but to drive due to an emergency.
- The defendant did not understand the demand.
- The defendant did not willfully fail to provide a breath or blood sample.
- The breathalyzer was not functioning correctly.
- The defendant was not impaired at the time they were driving.
- If you have the best DUI lawyer, and the judge finds Charter Rights violations, there is a high probability that charges will be dropped
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Frequently Asked Questions
It is your constitutional right to consult with a lawyer in Canada if you are arrested or detained. The police should also provide a 24-hour toll-free legal aid number for people who do not have an impaired driving lawyer but would like to get legal advice.
However, the Supreme Court of Canada has determined when police make a roadside demand (when officers request for a breath sample for a screening device), you (the driver) have no right to consult counsel. If you don’t comply, you can be criminally charged.
If the results of your roadside breath test show “warn” or “fail,” officers can make you perform a breathalyzer test, which is typically done at a police station. At this point, before you take the test, police are required to inform you that you have the right to speak to a lawyer, and they must give you a reasonable amount to do so before they administer the test. You must also be allowed to talk with your DUI lawyer in private, and you also have the right to choose your legal counsel.
The consequences of a DUI conviction in Canada are pretty severe. DUI or impaired driving is a criminal offence. This means it will turn up in background checks. Job prospects can be affected because employers conduct background checks, which can influence their hiring of employees.
People who have been convicted of a DUI may not be able to travel to the USA. Those who tried have been turned away at customs at the airport or, if they travel by car, they may also be turned away at the border if a background check will be conducted.
- 90-day suspension of driver’s licence
- Vehicle impoundment for seven days
- A $550 fine
- A $275 licence reinstatement fee
- A prison sentence of up to a maximum of 10 years
- A maximum of up to 14 years in jail when bodily harm was caused
- A maximum of life imprisonment when death is caused
- A minimum of 30 days in jail for a second offence
- A minimum of 120 days in prison for a third offence
