What do DUI lawyers do, and exactly how do they help when you’re facing serious, life-altering charges? As DUI lawyers in Ontario, we will answer this question in detail today. This article will explain how DUI defence lawyers help their clients fight impaired driving charges and protect their legal rights. It will also cover other important topics relating to Canadian impaired driving charges.
If you are facing impaired driving charges in Ontario and are looking for a top DUI law firm to represent you, contact KIVLaw today for immediate assistance.
How do DUI Lawyers Help?
Now, let’s discuss precisely what a DUI lawyer in Ontario does during each step of the process.
Review the evidence of your DUI charges
First, DUI lawyers will review the evidence to determine if any of your rights were violated during the arrest. This includes reviewing police reports and testimony from witnesses at the scene. Your criminal lawyer may also challenge whether or not a roadside sobriety test was performed correctly or if police had reasonable grounds for arresting you—we will discuss this in more detail later in this article. If there is an issue with any part of the arrest process, we can use this as leverage in court to have charges reduced or dismissed entirely.
Customized defence strategy
Secondly, DUI lawyers in Ontario understand each client’s case is unique. As such, they will create a customized defence strategy tailored to your circumstances. We are highly experienced trial lawyers who know how to effectively present a strong defence that will challenge the prosecution’s case.
For example, if there is a dispute about the reliability of a breathalyzer test, we can present evidence and arguments in court to cast doubt on its accuracy. This can give you an advantage when it comes to getting your DUI charges reduced or dismissed.
Additionally, we are incredibly familiar with the court process. This means we can provide advice on how to present your case best to achieve a positive outcome.
Negotiation with the Crown
Thirdly, a DUI lawyer in Ontario may be able to negotiate a plea agreement with the prosecution if you do not want to go through with a trial. This could result in reduced charges and less severe punishments. For example, it could mean attending an alcohol education program or probation instead of jail time.
In some cases, having the charges dropped entirely because a plea bargain can be reached might be possible. We will use all available resources to get the best outcome for your case. Learn more about appealing court decisions in Canada next.
From start to finish
Finally, DUI lawyers in Ontario provide support from start to finish, from representing their clients at court hearings and negotiating with prosecutors on their behalf, to helping them understand their rights at every step. KIVLaw has an experienced team of DUI defence lawyers in Burlington, St. Catharine’s, and surrounding areas who are dedicated to protecting your legal rights and fighting for the most favourable outcome for your case.
Impaired Driving Charges in Ontario: FAQs
Next, let’s answer some of the frequently asked questions regarding impaired driving charges in Ontario.
What are the prohibited levels of blood alcohol concentration in Ontario?
On top of impaired driving charges, certain levels of alcohol concentration can lead to an immediate roadside suspension. The Government of Canada defines this threshold, “The prohibited blood-alcohol concentration (BAC) is 80 milligrams or more (mg) of alcohol per 100 millilitres (ml) of blood.”
What are the penalties for impaired driving in Ontario?
Impaired driving penalties vary depending on the seriousness of the offence and any aggravating factors. Penalties can include fines, jail time, licence suspensions, mandatory alcohol education programs, and other conditions set by the court.
One factor that plays a determining role in DUI penalties is whether it is a first, second, third (or so on) offence. In the event of repeat offences, the penalties tend to be more severe. Further, if impaired driving causes death or bodily harm, the penalties will also increase. For example, in the event of impaired driving causing death, the accused could face life imprisonment (the maximum charge).
What are the primary investigation techniques for impaired driving charges in Ontario?
As mentioned before, DUI defence lawyers in Ontario are familiar with the investigative techniques used by police officers when it comes to determining impairment.
The primary DUI investigation techniques in Canada include:
- Mandatory alcohol screening
- Oral fluid drug screeners
- A Standard Field Sobriety Test (SFST)
- A Drug Recognition Expert Evaluation (DRE)
However, the police can only demand specific tests if the officer reasonably suspects impaired driving. Some of the objective facts the police can rely on to establish reasonable suspicion include:
- Slurred speech or other abnormal speech patterns
- Red eyes
Your DUI defence lawyer may be able to challenge the legality of the police’s use of evidence or investigate techniques if they did not follow proper protocol or if reasonable suspicion was not established.
DUI Lawyers in Ontario: Critical Final Guidance
Your DUI lawyer from KIVLaw will provide guidance every step of the way and make sure you are making sound decisions throughout your legal journey. Our team is here to protect your rights and give you honest advice about how to proceed with your impaired driving charges.
If you need assistance from experienced DUI lawyers, contact KIVLaw today so we can start helping you with your case. We understand the unique challenges of this type of charge, and we are here to provide the highest quality legal representation in Ontario. Call us now for a no-obligation consultation.