Toronto DUI Lawyer – Impaired Driving FAQ
What Are The DUI Laws In Toronto?
Sections 320.11 to 320.4 of the Canadian Criminal Code cover the impaired driving laws in Toronto. Charges for DUI vary based on the circumstances leading to the arrest. The charges include:
- Care and Control
- Driving Under the Influence
- Failure to Provide a Breath Sample
- Impaired Driving
- Over 80 Mgs BAC Reading
The prosecutor’s strategies for establishing guilt for the above charges vary, but the penalties for a guilty finding are the same.
What Happens After A Person Is Arrested For DUI In Canada?
A person is arrested for DUI in Canada after the police officer has established reasonable suspicion that the person may be impaired while driving based on observations and roadside testing. The person will be brought to the police station for further testing and evaluation. Note that refusing to provide fluid samples or perform a test carries the same penalties as a DUI conviction.
What Are The Penalties For Those Found Guilty Of A DUI Charge In Toronto?
The minimum penalties for those convicted of a DUI charge in Toronto or anywhere in Canada are as follows:
First Offence
- $1,000 fine for a BAC of 80 to 119, $1,500 fine for a BAC of 120-159, and $2,000 fine for a BAC of 160 or more
- 12-month driving prohibition
- $2,000 mandatory fine for anyone with first refusal to provide a breath sample
Second offence
- 24-month driving prohibition
- 30 days of jail time
Third and Subsequent Offences
- 36-month driving prohibition
- 120 days of jail time
All transportation offences carry a maximum penalty of 10 years on indictment and 24 months less a day on summary conviction.
What Are The Consequences Of A Conviction For A Drinking And Driving Charge?
A drinking and driving charge is treated as a serious criminal offence in the Canadian Criminal Code and is met with the following consequences:
- Criminal record
- Expensive administrative fees
- Impounding of vehicle
- Increased insurance premiums
- Mandatory attendance in education and/or treatment program
- Possible ignition interlock requirements if and when driving privileges are restored
What Is The Maximum BAC Or Blood Alcohol Concentration Level?
A DUI charge of Over 80 means that the accused registered a blood alcohol concentration of more than 80 milligrams per 100 millilitres of blood as measured by a screening device. The Criminal Code of Canada lays down specific requirements for collecting blood and breath screening samples under Section 320.14(1).
According to the Canadian Criminal Code, qualified technicians must handle screening devices for the reading to be admissible in court as evidence. The testing must be completed within 2 hours, starting from when the accused was initially detained by the arresting officer.
Individual samples should only be taken at intervals of 15 minutes. Because of the technical aspects and strict legal requirements of testing an accused’s BAC, an accused will need the services of a highly skilled DUI lawyer to challenge the results and identify possible errors during the procedure.
How To Beat A DUI Charge Effectively?
Hiring a qualified criminal defence lawyer is the first step in contesting a DUI charge. Each DUI case is different and requires a skilled DUI lawyer to defend effectively. An experienced DUI lawyer has a repertoire of defences to form the best strategy to defend a DUI charge based on specific circumstances and charges.
What Are The Common Defence Strategies Used For A DUI Charge?
The common defence strategies for a DUI charge are the following:
- Challenging if the police respected the accused’s Charter-protected rights
- Challenging the arresting officer’s interpretation of care and control
- Challenging the validity of the drug screening or the validity of the BAC screening device
- Raising legal reasons if the accused failed to provide a sample, refused a roadside screening, or rejected a breathalyzer test
- Questioning the lawfulness of the police procedure and the original police detainment
How Much Does It Cost To Hire A DUI Lawyer?
A DUI lawyer’s fees vary widely, depending on how much time your lawyer needs to mount a defence and how complex the case is. The court time for a hearing on DUI charges is often relatively short, but a DUI lawyer may spend many hours preparing their argument, researching the law, and interviewing witnesses.
Can A DUI Charge Go Away Without A Trial?
A DUI lawyer with the right skills and experience may be able to get the charges against their client dismissed by negotiating a settlement with the prosecution. If the lawyer can identify a significant flaw in the Crown’s case before trial, they can use this information to convince the prosecutor to drop the charges. In general, prosecutors will only dismiss charges in cases where the flaw is so evident that they cannot ignore it.
An experienced DUI lawyer knows how to negotiate with the prosecutor to get the charges dropped or reduced to a lesser offence. In most cases, the Crown will accept a guilty plea for a lesser offence such as careless driving in exchange for dropping the DUI charges. This way, the accused can avoid a conviction and jail time.
Is There A Chance For Getting A DUI Charge Dismissed In Toronto?
If you are facing a DUI charge, you may be wondering if there is any way to get the charges dismissed. While it is possible in some cases, it is not always easy. Here are some potential reasons why a prosecutor may dismiss a DUI charge:
- If the accused’s charter rights were not protected during the arrest or detention process
- If the screening methods used to determine sobriety were inaccurate or flawed
- If the arrest itself was questionable or illegal
- If there were mistakes during the stop or detention (e.g. rights were not read)
Is It Possible For A Toronto DUI Charge To Be Dropped?
If the DUI lawyer knows that the prosecution’s case is fatally flawed, they may be able to get the charges dropped before trial. If not, they can use the flaw as a key defence strategy during the trial, potentially leading to a not guilty verdict.
Will Auto Insurance Get Affected By A DUI Conviction?
A DUI conviction means having to pay higher auto insurance in most cases. Insurance companies may choose not to renew or reject an insurance application for someone guilty of a DUI. If you can find an insurance firm willing to take you as a client, be prepared to be charged a minimum of twice the standard rate.
Can A DUI Conviction Have An Effect On Permanent Residency In Canada?
Since impaired driving offences are classified under serious criminality in Canada, Canadian immigration law Bill C-46, Part 1 says that it is grounds for revocation of permanent resident status and could lead to deportation. Read more about the effect on your permanent residency here.
Is It Possible To Remove A DUI From A Person’s Record?
It is possible to have a DUI criminal record expunged or suspended in Canada. This seals the record from public view, but law enforcement can still access the data. To apply for a record suspension, it must be 5 years after a guilty plea or conviction. You may need A DUI to help with this process.
If you face DUI charges, your best action is to contact a qualified DUI lawyer. Calvin Barry is an experienced DUI lawyer who serves Toronto and the surrounding areas. With his help, you can avoid a conviction and get the best possible outcome for your case.
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