DUI LAWYER TORONTO

Facing impaired driving or driving under the influence charges can be stressful. It is normal to feel confused and uncertain about the next steps to take. You need a criminal lawyer experienced in DUI by your side. An impaired driving conviction can lead to the loss of your license. Drinking and driving charges can also impact your professional license and your ability to maintain your current job or acquire a new one. However, you should not allow impaired driving charges to define you. An impaired driving lawyer can give you a chance to reduce or beat your criminal charges completely. We take pride in being the go-to DUI lawyers who can take on any drinking and driving offence.

DUI charges in Toronto and throughout Ontario are serious, and the lawyer you choose to represent you should be, too. You want a firm that offers the experience, resources, and track record of not-guilty verdicts and withdrawn charges you can count on when your freedom, reputation, and finances are on the line. Those are all qualities we are proud to offer at Posner Craig Stein LLP, which helps us:

• Investigate the charges against you to determine weak points in the prosecution’s case
• Acquire evidence, examine toxicology reports, and review the circumstances of your arrest to bolster your defence
• Work with expert witnesses to build our case
• Negotiate with Crown lawyers during pre-trial discussions and court proceedings to reduce or drop charges
• Argue the case from our position in court
• Appeal your case to a higher court if necessary and possible

Most people do not know that impaired driving is a criminal offence in Toronto. Instead, they perceive drinking and driving as a minor offence, considering its prevalence. The offence goes by many names: impaired driving, drinking and driving, driving under the influence, DUI, DWI, and drunk driving. Impaired driving is a serious criminal offences because it can cause extensive property damage or loss of life. People arrested for drinking and driving face charges under the Criminal Code and often face harsh penalties.

Impaired driving has far-reaching consequences that go beyond losing your driving privileges or paying fines. Even when convicted of a first-time offence, you can expect hefty fines and a significant hike in your insurance premiums. Other penalties include administrative fees, installation of an ignition interlock device, and attending an impaired driving program at your own cost.

A conviction can result in higher penalties, including jail time. The penalties will be more stringent if aggravating factors are present or if you commit a subsequent offence. The common aggravating factors in DUI cases include:

• Recording excessively high blood alcohol concentration (BAC) readings on breath samples
• Evidence of reckless driving
• Being involved in an accident due to impaired driving whereby another person suffers injuries or dies

Like other criminal convictions, an impaired driving conviction can affect your job prospects, your business, and international travel opportunities.

DUI laws are complex, and many contributing factors can affect the outcome of your case. The only way to avoid the errors unrepresented defendants make and improve your chance of a positive outcome is to seek assistance from a dependable legal team.

When you come to Posner Craig Stein LLP with your case, we will utilize our extensive resources to develop a strategy aimed at delivering the best results given the DUI charges against you. Why choose us to handle your case? Because of:

• Our 85 years of combined legal experience and 5,500+ cases handled
• Our competitive pricing
• Our ability to prepare strong legal arguments that work in your favour
• Our dependable communication and quality customer service
• Our knowledge of the criminal justice system
• Our extensive track record of victories in similar cases

DUI is an acronym for “driving under the influence,” a colloquial shorthand for the crime of driving while impaired by alcohol (or drugs in some case). Law enforcement can arrest someone for DUI if they have reasonable grounds to believe that a driver is operating a motor vehicle while impaired by alcohol/drugs.   A motorist can also be subjected to breath testing on the road with an approved screening device.  When a person “fails” such a test, an arrest for being “over the legal limit” will occur.  When a police officer demands that a motorist provide a breath sample into a screening device, the motorist must comply.  Failing to comply is a serious criminal offence with penalties as serious as other DUI-related crimes.

IA police officer can demand that a person submit to standard field sobriety tests (SFSTs).  If a person fails such testing, the motorist can be subjected to examination by a police Drug Recognition Expert (DRE) and be required to provide a urine sample.

Based on the Criminal Code of Canada, a person commits DUI if they:

• Operate a conveyance while impaired by a drug, alcohol, or any combination of a drug or alcohol to any degree;
• Have, within two hours after ceasing operation of a conveyance, a blood alcohol concentration (BAC) of at least 80 mg of alcohol in 100 mL of blood; or
• Have, within two hours after ceasing operation of a conveyance, a blood drug concentration (BDC) above the legal limit for that drug.

What does this mean in plain English? You could be charged and convicted of driving while impaired if you are found with a motor vehicle under your control and are intoxicated by drugs and/or alcohol to any degree. And while a blood test is one way to prove impairment, it is not the only way.  The most common device used by the police to determine blood alcohol concentration is with the use of the Intoxilyzer 8000c.  It is a serious criminal offence to refuse to provide a breath sample when a police officer has made an Intoxilyzer demand.  This device uses infrared technology and is highly reliable when properly calibrated.  A skilled defence lawyer, highly knowledgeable in this technology and the science of breath testing is vital when it comes to defending DUI cases.

The allowable maximum BAC level is 80 milligrams for every 100 millilitres of blood. The police use a screening device to measure BAC. The Criminal Code of Canada outlines specific requirements for breath screening and obtaining a blood sample under Section 320.14 (1). The Canadian Criminal Code outlines that only a qualified technician should handle the screening equipment for the BAC readings to be admissible in court.

The police take individual samples at intervals of 15 minutes. Given the technical nature and the strict legal guidelines during DUI testing, you need an aggressive DUI lawyer by your side. An impaired driving lawyer can identify possible errors during the testing process and challenge your DUI results.

A DUI charge can lead to harsh penalties, especially if you have prior convictions for the same  (or related) offences. However, with our highly skilled criminal lawyers who understand impaired driving laws, we will work to have your DUI dismissed. We handle all types of impaired driving cases. We will help you determine whether to accept a guilty plea in exchange for lesser charges or penalty or pursue your case to the end.

First, you could face a mandatory one-year suspension of your licence, potentially affecting your ability to commute to your job and perform other everyday tasks. You could potentially reduce this suspension period by agreeing to have an Ignition Interlock Device (IID) installed in your vehicle. A knowledgeable and experienced defence lawyer can explain these circumstances based on your situation. The IID is a device installed in a motor vehicle that prevents someone from starting the engine if it detects a predetermined limit of alcohol in their breath.

The consequences of a DUI in Toronto can also include:

• Imprisonment
• Substantial monetary fine
• Criminal record
• Lengthy driving prohibition
• Mandatory alcohol education programs
• Increased auto insurance premiums
• Probation
• Reputational damage among friends, family, and peers
• Difficulty travelling internationally, including to and from the U.S.
• Job termination and difficulty finding a new one

Below are the penalties for some of the most common drinking and driving charges in Toronto. Remember, the minimum court ordered penalties you might face on conviction depend on a number of circumstances particular to your case, including your alleged BAC at the time of arrest, whether you have any prior convictions, and whether anyone was injured in a collision.

Charge:

• Alcohol or Drug-Impaired Driving
• Having a BAC of At Least 80 mg per 100 mL of Blood Within Two Hours of Driving

Penalties:

• First crime: Mandatory minimum fine of $1,000 and no more than ten years imprisonment
• Second Offence: Mandatory minimum of 30 days imprisonment and up to ten years imprisonment
• Third Offence: Mandatory minimum of 120 days imprisonment and a maximum of ten years imprisonment

Charge:

• Having a BAC of 50 mg per 100 mL and 2.5 ng or More of THC per 1 mL of Blood within Two Hours of Driving

Penalties:

• First crime: Mandatory minimum fine of $1,000 and no more than ten years imprisonment
• Second Offence: Mandatory minimum of 30 days imprisonment and up to ten years imprisonment
• Third Offence: Mandatory minimum of 120 days imprisonment and a maximum of ten years imprisonment

Charge:

• Refusal to Provide a Sample

Penalties:

• Minimum fine of $2,000

Charge:

• Impaired Driving Causing Bodily Harm

Penalties:

• Summary conviction – Maximum two years imprisonment less one day
• Indictment – Maximum 14 years imprisonment

Charge:

• Impaired Driving Causing Death

Penalties:

• Indictment – Maximum life in prison

A quick look at the penalties outlined above indicates why anyone facing impaired driving charges should consult a DUI lawyer. You should consult an experienced Toronto DUI lawyer, especially in a DUI involving bodily harm. Apart from the penalties outlined above, an impaired driving charge can ruin your reputation and ability to obtain employment. A skilled DUI lawyer can help you navigate the technical and intricate aspects of the DUI Criminal Code. A lawyer will also help you create a strong defence to fight your charges.

At Posner Craig Stein LLP, we understand that every DUI case is unique. We care about each case’s outcome because we understand the detrimental and life-changing consequences of an impaired driving charge. We will do everything possible to ensure that your DUI charge will not have a far-reaching impact on your life. Our criminal lawyers are experts in fighting DUI charges. We can help you avoid maximum penalty and even have your DUI charge dismissed.

Impaired driving charges in Toronto, and indeed the rest of Canada, are serious and carry significant legal consequences. The laws are mainly governed by the Criminal Code of Canada (which concerns criminal penalties for impaired driving) and the Ontario Highway Traffic Act (which concerns administrative penalties, such as license suspension). These laws define impaired driving as the operation of a vehicle (motor vehicle, aircraft, or watercraft) while the person’s ability to do so is compromised by alcohol or drugs. Impaired driving is a criminal offence, and the charges extend beyond simply drunk driving. It encompasses driving under the influence of alcohol, drugs, or a combination of both.  Failing to comply with a breath demand is also a serious crime.

A motorist who is caught impaired while driving in Toronto may face serious penalties, depending on the exact circumstances of the alleged offence. The severity of the offence, prior offences, injuries, and deaths caused by the incident are all factors that can intensify the potential charges and their subsequent penalties. The authorities take these cases very seriously in an attempt to ensure public safety on the roads.

Specific impaired driving charges in Toronto include the following:

• Impaired driving by alcohol
• Impaired driving by drug
• Over 80 (having a blood alcohol level of at least 80 mg per 100 mL of blood within two hours of driving)
• Impaired driving causing bodily harm
• Impaired driving causing death

There are several additional laws on the provincial level that apply to DUI in Toronto:

• License Suspension Laws– Police can immediately suspend your license if testing shows their BAC to be at least 50 mg of alcohol per 100 mL of blood.
• Zero Tolerance Laws– In Ontario, drivers under the age of 21 and novice drivers of any age are subject to zero tolerance laws.

Law enforcement can arrest you after establishing a reasonable belief that you have been driving while impaired or that your BAC is over 80 based on observations or roadside testing. Once the officer places you under arrest, they can bring you to the station for additional testing. You can be charged with a crime if you refuse to submit to any blood or breath test.

A first-offence refusal of a breathalyzer or blood sample can lead to penalties, including:

• An immediate administrative suspension of your license for 90 days
• Vehicle impoundment for seven days
• $2,000 fine

If you were arrested or charged with DUI in Toronto, your best option to preserve your rights and fight DUI charges. A DUI charge can change the course of your life and lead to severe legal ramifications. Rather than simply accept these damaging consequences, get in touch with a Toronto DUI lawyer in Toronto. A DUI lawyer can:

• Help with the evidence – Evidence is critical in DUI defences. Your legal team can review the facts of the case to develop a defence that disproves the prosecution’s theories.
• Legal advice and guidance – Your DUI lawyer can explain viable defence strategies and advise you on which ones are likely to be most effective.
• A barrier from prosecutors – Your DUI lawyer can handle your interactions with prosecutors on your behalf. That way, you don’t incriminate yourself.
• Peace of mind – Above all else, you get the confidence of knowing your case is in experienced hands. A DUI lawyer understands criminal law and the best way to handle an impaired driving offence.
• Challenging the police findings – A DUI lawyer can help you challenge the technical aspects of the DUI breath and blood testing procedures. For example, your DUI lawyer can probe to find out whether the breathalyzer equipment was well-maintained and calibrated. If the police officers made subjective judgements regarding what qualifies as DUI, your DUI lawyer can help you challenge this evidence.
• Your lawyer can challenge any relevant details that are exclusive to the circumstances of your arrest. If the police violated your charter-protected rights when gathering evidence, your Toronto DUI lawyer can appeal for the exclusion of this evidence from your case.

We strongly encourage you to contact our legal team at Posner Craig Stein LLP to determine the best defence for your drinking and driving offence. It is your legal right to hire an impaired driving lawyer after a DUI arrest or detainment related to drunk driving. You should not allow a criminal offence to ruin your life, yet our impaired driving lawyers can help.

There are many ways to get a drinking and driving charge “dropped” (withdrawn) in Toronto, although which of these are available to you depends on the unique circumstances of the charges against you. Defence lawyers often turn to one of two common strategies to get their client’s drinking and driving charges dropped:

• Negotiate for a plea bargain, lowering the criminal DUI charge to a Provincial careless driving charge
• Identify major flaws in the Crown’s case, demonstrating how proceeding with prosecution would be inappropriate

Criminal records are permanent. However, the Canadian government sometimes grants criminal record suspensions (sometimes called “pardons”) for certain criminal offences, including DUI convictions.

The Record Suspension Program allows individuals with a criminal record to effectively remove their criminal record from the Canadian Police Information Centre (CPIC) database. While the record is not destroyed entirely, a CPIC search will not uncover it. However, applicants must meet the terms of their sentencing and show they are a law-abiding citizen for a specific number of years, as established in the latest laws concerning the program. The required period for applicants who received a summary conviction of DUI is five years. For those convicted of an indictable offence, they can apply after 10 years.

The police can arrest you for DUI in Toronto after establishing a reasonable belief that you are impaired with alcohol or drugs. The police can suspect impaired driving by observing your driving patterns and performing roadside DUI testing. After an arrest, the police will bring you to the station for further testing and evaluation. If you refuse to submit a breath sample or submit to a DUI blood test, you could face charges for DUI chemical test refusal. The charges for DUI test refusal can be just as severe as those of an impaired driving conviction.

The way you can beat your impaired offence charges effectively is by working with an experienced impaired driving lawyer. You should ensure that the DUI lawyers have handled drinking and driving charges before. A DUI lawyer understands the best defence strategies that can be used to fight your charges. A lawyer also understands the strategies that law enforcement officers or the Crown can use to secure a DUI conviction. Like with any other criminal offence, the best way of beating an impaired driving offence is to have an experienced DUI lawyer.

The applicable professional and legal fees charged by DUI lawyers vary depending on the length of the defence process. The charges will also depend on the complexity of your case. The actual court time a DUI lawyer spends is usually less than the time spent preparing the case. A lawyer spends most of the time sorting through the evidence to create a proper defence strategy. How long a case takes to conclude depends on many factors, including the research involved and the employment of expert witnesses.

An experienced DUI lawyer can negotiate a settlement with the prosecution to have your impaired driving case settled without trial. This can happen if a DUI lawyer identifies a flaw in the Crown’s case before trial. The lawyer can use this information to convince the crown to drop your impaired driving charges. A Crown will likely reject a case dismissal except in instances where the flaws in the case are evident. A skilled DUI lawyer will know how to handle your case to achieve the most favourable outcome.

In most cases, a DUI conviction will translate to higher auto insurance rates. Your insurer can even choose not to renew your auto insurance. If you find an insurance company willing to accept you after a DUI conviction, you should be ready to pay high insurance premiums.

If you try to fight impaired driving charges on your own without the help of an experienced DUI lawyer, you risk facing severe consequences. The consequences can go beyond the risk of a permanent criminal record. This is especially true if you face charges for a subsequent DUI offence. A second, third, or subsequent DUI crime comes with harsher penalties, including mandatory jail time.

Our experienced impaired driving lawyers at Posner Craig Stein LLP understand the elements of Ontario drunk driving laws. We will strategize a legal defence designed to obtain a favourable outcome for your DUI case. Your legal rights are a key component of strategizing the proper defence. We will determine whether the DUI stop and testing were legally justified.

Our DUI lawyers will also determine whether the police followed the right procedures during the subsequent investigation of the alleged DUI offence. Whatever the DUI charges you are facing, your first step should be to reach out to our experienced impaired driving lawyer. Contact us for reliable impaired driving charge legal representations. We will use all means possible to fight your DUI charges.

• We deliver discreet, effective and professional legal representation
• Our clients are assured of the best possible results for their cases
• We are great cross-examiners
• We have extensive courtroom experience
• We offer highly competitive prices

Need a DUI criminal lawyer? We are here to help.