DUI Lawyers In Toronto

DUI (Driving Under Influence) referred to in Canada as Operation while Impaired, is a criminal charge covered under s.320.14 of the Criminal Code of Canada.

DUI refers to operating a vehicle under the influence of alcohol, drugs, or any other thing that impairs your ability to make sound judgement and/or interferes with alertness and consciousness whilst driving. For a charge to be made, the person must within 2hours after driving, have a blood alcohol or drug concentration that exceeds the required concentration by law.

DUI is considered a hybrid offence in the Canadian Criminal code which means that a person can be convicted either summarily or by indictment as elected by the Crown.

Toronto operates two main DUI criminal law offences; impaired operation or control and over 80mg operation or control.

The severity of the punishment is dependent on whether or not it is a first time offence, as well as the degree of damage incurred as a result of the offence.

Key Takeaways

• The severity of a DUI charge is dependent on whether the Crown elects to proceed summarily or by indictment, as well as whether it is a first time or habitual offence. The charge may be aggravated by factors such as bodily harm or death resulting from the incident.
• The jail sentence for DUI ranges from a fine range of $1,000 – $5,000 and jail term of 30days – life sentence depending on the gravity of the offence and the presence or absence of aggravating factors.
• Bail Conditions may include licence suspension, mandatory medical evaluation, enrolment into the Ignition Interlock Program.
• DUI charges can be beaten with the help of the quality defence put up by a Lawyer on behalf of the accused.

How can a DUI Lawyer in Toronto help?

A good defence rests on the specifics of the case. If charged with a DUI, the accused will require the services of a Lawyer so as to be supported with the right information, legal guidance and strategies to navigate the criminal justice system and court proceedings. An expert Lawyer will provide pre-charge legal advice and give information about one’s constitutional rights and how to interact with law enforcement agents especially guarding against making self-incriminating statements.

A lawyer’s expertise will also be necessary for gathering evidence that strengthens the case, as well as interviewing and sorting through witnesses, and where necessary, expert witnesses may be retained to help with the case. Being experts in the judicial process, a lawyer will also assess the merits of the case and ensure that the accused is properly and adeptly represented during trial.

DUI Charge in the Criminal Code of Canada

Enforcement of laws for a DUI charge in Canada fall under both Parliament and Provincial legislatures, and as such the accused may be penalized both under Criminal Law and Provincial Law (which may include a suspension of licence). Generally, provincial sanctions are perceived to be more severe than criminal prohibitions as the accused may be mandated to participate in a remedial program.

However,

Examples of DUI Charges

A person can receive a DUI charge if found engaging in any of the following;

• Taking prescription medications such as a cough syrup with codeine which can impair one’s ability to drive.
• Being found driving with a blood alcohol concentration level 0.08 or more
• Driving whilst in possession of alcohol or other drugs that can affect one’s ability to drive, be alert whilst driving, or affect the driver’s ability to make sound driving decisions
• Operating any kind of vehicle under the influence of alcohol or drugs.

Consequences of a DUI Charge

The consequence and severity of punishment for a DUI charge in Toronto is dependent on the on number of factors such as whether or not it is a first time offence, and how the crown chooses to proceed with the conviction. The gravity of impact such as whether or not there was bodily harm, or death as a result of the act, also plays an important role in the kind of punishment incurred. Furthermore, the Blood Alcohol Concentration (BAC) level may also have an impact on the amount of fine payable for a first time offender. The criminal code offers different minimum and maximum punishments for DUI depending on whether conviction is made summarily or by indictment as the offence is considered a hybrid offence with Crown Election in Toronto.

According to s.320.19 (1), the following charges and fines may apply for summary and indictment convictions for DUI:

Minimum Penalty: Same for both Summary Convictions & Conviction by Indictment

• 1^st Offence = $1,000 Fine
• 2^nd Offence = 30 days Imprisonment
• Subsequent Offence = 120 days imprisonment for each subsequent offence

Maximum Penalties:

Summary Conviction: $5,000 or Imprisonment for not more than 2years less than a day, or both

Conviction by Indictment: Not more than 10years Imprisonment

According to s.320.19 (2), the minimum fines for BAC are as follows:

1st Offence:

Not less than $1,500 if the BAC is equal to or exceeds 120mg of alcohol in 100ml of blood, but is less than 160mg in 100ml

Not Less than $2,000 dollars if the BAC is equal to or exceeds 160mg of alcohol in 100ml of blood

Where bodily harm or death was caused as a result of DUI, a person may face a penalty of up to 14years imprisonment or a life sentence as the case may be as stated in s.320.22 of the Criminal Code.

DUI Charge Defences

A DUI case is considered a serious criminal offence in Canada. The best strategy for defence however, is dependent on the peculiar facts of the case such as whether or not the alcohol or drug was consumed after the person had stopped driving, or it can be proven that concentration of alcohol or drug in the blood does not meet the requirement for DUI conviction. A DUI Lawyer may employ any of the following strategies:

• Certificate of Analyst: A certificate of analyst is a result of the breath sample test to determine blood alcohol levels. The defence can prove that the results from the analysis are not accurate by providing evidence that the BAC level reading presented was incorrect because the equipment was not operated properly, or because the equipment was faulty at the time of being used.
• Identity: Identity can also be used an excellent defence strategy if it can be proven that the accused was wrongfully convicted and is not guilty of the act. This would require camera footage of the scene, as well as a strong alibi and an eyewitness to corroborate the claim. Fingerprints and DNA tests may also serve as admissible evidence if this strategy is employed. This strategy can also be used in areas where there is no surveillance footage, or the person in the footage cannot be clearly identified due to poor picture quality. In this case, the Lawyer may insist that the accused has been mistaken for the perpetrator due to the poor quality of the footage.
• Substance was consumed after driving: The accused may also plead that the substance was consumed after driving in line with s.320.14 (5), (6) & (7) which states the exceptions for DUI charge for alcohol and/or drug consumption. The lawyer would have to prove that the accused consumed the substance after the vehicle had been operated and that there was no reasonable ground to believe that he would be required to present a breath or blood sample.
• Necessity: This defence strategy can be used in case where a passenger was at risk of harm, and there was no other reasonable legal alternative to save the situation. It will also be necessary to prove in this case that the driving distance was not longer than what was necessary to alleviate the problem or get the needed help.
• Violation of Rights: The Constitutional Charter of Rights & Freedoms outlines the rights and freedoms of all persons residing in Canada. A lawyer can make a strong case for the accused if it can be proven that the accused was not informed of his rights by the Law enforcement agents, or that any of the rights of the accused was violated before and/or after arrest.

DUI Charge Investigation

Investigation begins when a Police Officer makes a lawful stop and demands a preliminary breath sample for testing. This can be done without suspicion that the driver is likely to have alcohol in their system. A police can have reasonable grounds for suspicion however, if they observe symptoms such as muscle tremors, slurred/abnormal speech, red eyes, agitation, etc., whilst interacting with the driver.

If there is sufficient reason to believe that the driver may have alcohol or drugs in his system, the police can order for a road side test to be conducted prior to arrest, using an SFST (Standardized Field Sobriety Test). The Police may also request an oral fluid sample, to test for the presence of other drugs in the driver’s system. A positive result confirms that there is presence of a drug. Where there’s a positive result and the officer observes other objective symptoms as earlier stated, the Police can make an arrest.

If the driver was involved in an accident, the police may also want to carry out further investigations on the scene to ascertain if there are casualties, and if any deaths or damages have occurred.

Bail Conditions for DUI Charges

The Canadian Constitution allows every accused person a right to reasonable bail with the least restrictive conditions. However, for bail to be granted, it must be ascertained that the accused does not pose a threat to society, will not run away, and that granting bail will not have a negative impact on the public’s confidence in the Criminal Justice system.

With DUI cases however, certain driving restrictions such as licence suspension for up to 1year, compulsory medical evaluation, as well as enrollment in to the Ignition Interlock Program, especially under the provincial laws operational in Toronto.

Frequently Asked Questions: Criminal Harassment

Will a DUI charge show on my criminal record?

A DUI charge is considered a criminal offence under the Criminal Code of Canada. A DUI charge will be present on the permanent criminal record and can be accessed by law enforcement agencies employers and other organizations that request background checks, unless a record suspension is filed. However, the police keep electronic and paper records of all charges that were made, the implication being that records may still be available even if the person was not convicted for the offence.

How long does a DUI case take?

The duration of a DUI case I dependent on a lot of factors such as whether or not the accused pleads guilty or goes to trial, the complexity of the case such as if there was bodily harm or death. In the event that the accused decides to take the case to trial, factors such as the court’s schedule, pre-trial motions and evidence gathering process, may delay the timeframe for the case. The case usually takes a few months to a year.

Can I travel while a DUI case is ongoing?

The Canadian Law generally allows a person to travel within Canada whilst a criminal case is on as long as they attend all required court proceedings. However, travelling outside Canada whilst a DUI charge is ongoing may be difficult, especially if the intended destinations are the US or UK, because the Canadian government grants access to criminal records to border officials of these countries.

Can I go to jail for DUI charges?

Yes, a person who is convicted for a DUI charge may go to jail depending on the severity of the charge. Factors such as whether or not it is a first time offence, the level of impairment, as well as the presence or absence of bodily harm and/or death of other parties involved could be key determinants. Jail term could range from a minimum of 30days, to life imprisonment depending on the peculiarities of the case.

Related Offences

DUI: Also known as Impaired Driving in the Canadian Criminal code refers to driving any kind of vehicle (automobile, aircraft or vessel), under the influence of alcohol, drugs, or any other substance that interferes with the driver’s ability to make sound judgement.

Impaired Driving: Operating any kind of vehicle when ability to do so is impaired by alcohol or drugs.