What You Need to Know About DUI Arrest Process in Ontario
Driving under the influence (DUI) is a serious offence that can lead to devastating consequences for both the driver and others on the road. In Ontario, the penalties for a DUI conviction are severe, including fines, license suspension, and even imprisonment.
Understanding the arrest process is essential if you’re facing DUI charges in Ontario. This article will provide an overview of the DUI arrest process in Ontario.
1. Field Sobriety Test
The DUI arrest process in Ontario begins with a field sobriety test. A police officer can pull over a driver if they have reasonable suspicion that the driver is impaired. The officer will then administer a series of tests to determine if the driver is under the influence of drugs or alcohol.
The field sobriety test includes a standardized set of exercises that assess a driver’s balance, coordination, and judgment. These tests can include standing on one leg, walking in a straight line, and following an object with your eyes. If the officer suspects that the driver is impaired, they may also administer a breathalyzer test.
2. Arrest and Breathalyzer Test
If the police officer determines that the driver is impaired, they will be placed under arrest. At this point, the driver will be taken to a police station or a mobile breathalyzer unit to undergo a breathalyzer test.
A breathalyzer test measures the amount of alcohol in a person’s breath. In Ontario, it’s illegal to drive with a blood alcohol concentration (BAC) of over 0.08. If the breathalyzer test confirms that the driver has a BAC over the legal limit, they will face DUI charges.
3. Legal Process
After the DUI arrest, the driver will be released on bail or held in custody until their court appearance. The driver will be given a court date, where they will need to appear before a judge.
During the court hearing, the driver will face DUI charges and potentially other related charges, such as impaired driving causing bodily harm or death. If the driver pleads guilty or is found guilty, they will face penalties ranging from fines to imprisonment.
4. Penalties
The penalties for a DUI conviction in Ontario are severe. A first-time offender can face fines of up to $1,000, and their license can be suspended for up to one year. If the driver causes bodily harm or death while driving under the influence, they can face imprisonment for up to 10 years.
Repeat offenders face even harsher penalties. A second DUI offence can result in fines of up to $2,000, a license suspension of up to three years, and imprisonment for up to 30 days. A third DUI offence can result in fines of up to $5,000, a license suspension of up to five years, and imprisonment for up to 120 days.
5. Defence Strategies
If you’re facing DUI charges in Ontario, it’s essential to hire an experienced criminal defence lawyer. A lawyer can help you navigate the legal process and potentially reduce your penalties or have the charges dropped.
There are several defence strategies that a lawyer can use to defend against DUI charges. These strategies include challenging the validity of the field sobriety test or breathalyzer test, arguing that the police officer did not have reasonable suspicion to pull the driver over, or arguing that the driver’s rights were violated during the arrest.
Conclusion
Driving under the influence is a serious offence in Ontario that can lead to severe penalties, including fines, license suspension, and imprisonment. It’s essential to understand the DUI arrest process in Ontario if you’re facing DUI charges.
This process includes a field sobriety test, arrest, breathalyzer test, legal process, and potential penalties. Hiring an experienced criminal defence lawyer can help you navigate the legal process and potentially reduce your penalties or have the charges dropped.
If you or someone you know is facing DUI charges in Ontario, contact Calvin Barry Professional Corporation for the best legal representation. Our DUI lawyers are experienced, knowledgeable, and committed to defending your rights. We work tirelessly to help you get the lowest possible penalty or, ideally, a dismissal of charges. Contact us today for a free consultation!
Contact Calvin Barry Today.
Contact an experienced criminal defence lawyer in Toronto to fight for your case.
