If you have been charged with a “DUI” offence in the Hamilton area, then you need the help of a skilled criminal defence lawyer with special experience and expertise at your side. Posner, Craig, Stein (PCS) lawyers are among the most experienced and well-known DUI lawyers in the profession. Being charged with any offence is a frightening and life-altering experience. Entrusting PCS with your case means that you will have an exceptional and trusted ally at your side throughout the criminal process, from the police investigation until verdict. We understand the impact that a criminal record has on a person’s future and reputation. We know that your freedom, livelihood and reputation depend on winning your case. Our lawyers work tirelessly, creatively – and in a relentless manner – inside and outside the courtroom.
Drinking and driving offences, commonly referred to as a “DUIs” (Driving Under the Influence), include: impaired driving, “80 and Over” and failing to provide a breath sample.
The offence of impaired driving is committed when a person operates a motor vehicle when his or her ability to do so is impaired by alcohol, drugs or both. “80 and over” is when a person’s blood alcohol concentration (BAC) is equal to or over the legal limit, which is 80 milligrams of alcohol in 100 milliliters of blood, or 0.08.
If there is an accident at the time of the “DUI” and someone is injured or killed, then you can be charged with impaired driving causing bodily harm or impaired driving causing death. These are extremely serious criminal offences and can result in lengthy jail sentences.
The applicable laws around drinking and driving offences in Hamilton and in Canada are constantly changing and evolving. The government and the courts in Hamilton have been increasingly and consistently sending the message that drinking and driving will not be tolerated by imposing harsh sentences for these offences.
Police now have the authority to demand a breath sample from anyone they pull over, and you can be charged with refusing to provide a breath sample if you do not agree to take the roadside test. You can also be charged if you refuse to blow into a breathalyzer at the police station in Hamilton.
For young, novice and commercial vehicle drivers, there is a zero-tolerance policy in effect. This means, that if you have any cannabis or alcohol in your system, you could face severe consequences. If you are impaired as a result of your consumption, you could face criminal charges also.
Each of the drinking and driving offences carry with them minimum sentences upon conviction. This is true even for persons who have no prior criminal record. As a result, a conviction can have extremely serious consequences and penalties, including, a license suspension for a year or more, vehicle impoundment, high fines, a criminal record, possible incarceration and higher insurance rates.
The defence in drinking and driving cases is often extremely technical. Some defences may require the expert evidence of a toxicologist. It is common for defences in these cases to involve an application under the Charter of Rights and Freedoms to exclude evidence. To defend a drinking and driving case in Hamilton you will require an experienced lawyer with a broad and in-depth knowledge of the law, who is capable of assessing and examining all potential defences.
Winning your drinking and driving case means:
Posner, Craig, Stein handles drinking and driving charges in Hamilton and all across Ontario and are widely respected litigators.
Come meet with us, in confidence, at our office, by phone or a virtual meeting to discuss your options today. Put your trust in the Posner, Craig, Stein criminal defence team of highly skilled and experienced DUI and impaired driving lawyers.
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