IMPAIRED DRIVING LAWYER
IMPAIRED DRIVING LAWYER
What is impaired driving (DUI)?
Criminal code definition of impaired driving:
320.14 (1) Everyone commits an offence who
- operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;
- subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;
- subject to subsection (6), has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or
- subject to subsection (7), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that is prescribed by regulation for instances where alcohol and that drug are combined.
Potential punishments on conviction
- Suspended License
- Driving Prohibition
- Attending Treatment
- Install an interlock device in your vehicle
- Receive a criminal record
DUI cases can be quite technical which is why it is very important to consult a DUI Lawyer to assist you in the defence of your case. Additionally, the Canadian Charter of Rights and Freedoms can come into play in these cases. Specifically, rights to be assessed include your Rights to Counsel, your Privacy interests, Delay issues, and any Statements made.
Evidently, Impaired Driving is a serious charge which can result in very serious penalties if convicted. As a result, it is very important to have an experienced criminal lawyer to help guide you through the process.
What can De Boyrie Law Do for You?
If you are found guilty of Impaired Driving, there are very serious impacts on your life. These can affect future employment, travel plans, insurance, and your ability to drive.
Alex De Boyrie has experience successfully representing clients who have been accused of Impaired Driving. Particularly, as a DUI Lawyer, he has a strong track record of having penalties reduced, and charges were completely withdrawn. Accordingly, we believe in crafting an individualized defence for each case. We provide each client with the utmost attention to detail and representation.
If you or someone you know has been charged with Impaired Driving, call us today for a consultation at (416) 727-1389.
Alex’s experience ranges from working on bail hearings, sexual offences, weapons and firearms, assault charges, drug offences, youth crimes, Impaired Driving, firearms and weapons, harassment, and manslaughter matters.
We proudly serve Ajax, Aurora, Brampton, Bradford, Burlington, Caledon, Clarington, Cobourg, East Gwillimbury, Halton Hills, Hamilton, King, Kitchener, Markham, Milton, Mississauga, Newmarket, North York, Oakville, Orangeville, Oshawa, Pickering, Richmond Hill, Scarborough, St. Catharines, Toronto, Uxbridge, Vaughan and Whitby.
De Boyrie Law Will:
Listen to your legal issues
Get in touch with De Boyrie Law. We will listen to your complex legal matters and let you know if your case needs represnetation.
Meet and asses your case
If you need representation we will meet in person at our office to gather details on your matter and build a case.
Provide a resolution
We will gather all evidence and provide the best appropriate resolution to your legal challenge. Rest assured De Boyrie Law is on your side.
A guide to working with an impaired driving lawyer
If you have been charged with driving under the influence (DUI) it is important to consult with a lawyer who has experience handling these types of cases. A DUI lawyer can help you understand your legal options, defend your rights, and advocate on your behalf in court. Here is a detailed guide on how to work with a DUI lawyer.
There are many DUI lawyers who specialize in representing individuals charged with driving under the influence. You can search online directories, ask for recommendations from friends or family members, or contact the Law Society of Ontario for a referral. It is important to find a lawyer who has experience handling DUI cases in Toronto and a good track record of success.
Working with a DUI lawyer can be a challenging but necessary process if you have been charged with driving under the influence. By following these steps, you can effectively defend your rights and protect your interests.
Frequently asked questions for impaired driving lawyers
Driving under the influence (DUI) is a serious offense in Ontario, as it puts the safety of the driver, passengers, and other road users at risk. If you have been charged with a DUI in Ontario, it is important to understand the potential consequences and options available to you.
The best outcome for a DUI in Ontario will depend on the specific circumstances of your case, including the severity of the offense and any prior DUIs you may have had. However, there are some general steps you can take to try to minimize the impact of a DUI charge on your life.
Here are some things to consider when seeking the best outcome for a DUI in Ontario:
Seek legal representation: It is in your best interest to seek the advice and representation of a qualified lawyer who has experience handling DUI cases. A lawyer can help you understand the charges against you and the potential consequences, as well as work with you to develop a defense strategy.
Attend court hearings: It is important to attend all court hearings related to your DUI charge. If you fail to attend court, a warrant may be issued for your arrest.
Comply with any conditions set by the court: If the court imposes any conditions on you as part of your sentence, it is important to follow them. This may include participating in a rehabilitation program or installing an ignition interlock device on your vehicle.
Consider plea bargaining: In some cases, it may be possible to negotiate a plea bargain with the prosecution. This could involve pleading guilty to a lesser charge in exchange for a lighter sentence.
Take steps to avoid future DUIs: If you are convicted of a DUI, it is important to take steps to avoid future DUIs. This may include seeking treatment for any underlying substance abuse issues, attending educational programs, and being more cautious about drinking and driving.
It is worth noting that the consequences of a DUI in Ontario can be severe, including fines, imprisonment, and the loss of your driver’s license. In addition, a DUI conviction can have long-term consequences on your personal and professional life, such as difficulty finding employment or obtaining car insurance. As such, it is important to take steps to avoid a DUI and, if you are charged with one, to seek the best possible outcome.
Driving under the influence (DUI) is a serious criminal offence and can result in significant legal consequences, including fines, jail time, and a suspension of your driver’s license. If you have been charged with a DUI it is important to understand your legal options and to mount a strong defense. The following are some potential strategies that you may wish to consider as part of your defense strategy.
Challenge the legality of the traffic stop: One potential defense strategy is to challenge the legality of the traffic stop that led to the DUI charge. If the police did not have a valid reason for pulling you over, any evidence obtained during the traffic stop may be excluded from the case.
Challenge the accuracy of the breathalyzer test: If a breathalyzer test was used to determine your blood alcohol concentration (BAC), your attorney may try to challenge the accuracy of the test. Breathalyzer machines are not always reliable and can produce false positives for a variety of reasons, including equipment malfunctions and user error.
Argue that you were not impaired: Even if your BAC was above the legal limit, your attorney may be able to argue that you were not impaired at the time of the traffic stop. Factors that may be considered in this argument include your behavior, physical appearance, and performance on field sobriety tests.
Claim that the drinking occurred after you were driving: Another potential defense is to argue that you consumed alcohol after you had already stopped driving. If you can establish that you were not impaired while driving, you may be able to avoid a DUI conviction.
Claim that you were not the driver: If you were not the driver at the time of the traffic stop, you may be able to avoid a DUI conviction. However, it is important to note that you can still be charged with a DUI if you were in the car with the driver and knew or should have known that the driver was under the influence.
Participate in a plea bargain: In some cases, it may be possible to negotiate a plea bargain with the prosecutor. This could involve pleading guilty to a lesser charge in exchange for a more lenient sentence.
It is important to note that the best defense strategy will depend on the specific circumstances of your case. An experienced criminal defense attorney can help you to determine the best course of action and to mount a strong defense against the charges you are facing.
In Ontario, driving under the influence of alcohol or drugs (DUI) is a serious offense that can result in criminal charges. If you are charged with a DUI in Ontario, you may face jail time, depending on the circumstances of your case and your criminal history.
Under Ontario’s Highway Traffic Act, it is illegal to operate a vehicle while impaired by alcohol or drugs. This includes driving with a blood alcohol concentration (BAC) above the legal limit of 0.08%. If you are found to be driving with a BAC above this limit, you will face criminal charges for a DUI.
The penalties for a DUI in Ontario depend on the specific circumstances of your case and your criminal history. If it is your first offense and your BAC was less than 0.16%, you may face a fine of up to $1,000 and a one-year driving prohibition. If it is your second offense or your BAC was over 0.16%, you may face a fine of up to $2,000 and a three-year driving prohibition.
If it is your third or subsequent offense, or if you caused an accident while driving under the influence, you may face a fine of up to $50,000 and a five-year driving prohibition. You may also face jail time of up to 10 years if you caused an accident that resulted in death or serious injury.
In addition to these penalties, you may also be required to attend an alcohol education or treatment program. If you are convicted of a DUI in Ontario, you will also have a criminal record, which can impact your ability to travel and your employment prospects.
It is important to note that even if it is your first offense, you may face jail time if your BAC was extremely high or if you caused an accident while driving under the influence. If you are facing criminal charges for a DUI in Ontario, it is important to seek legal advice as soon as possible to understand your options and the potential consequences of your case.
Depending on the circumstances of the case, a DUI charge will typically require professional legal help to navigate the legal process and defend against the charges.
In many cases, the charge may be quite serious and carry significant penalties, such as jail time, large fines, and a lengthy driver’s license suspension. It is generally advisable to seek the assistance of a qualified DUI lawyer who can provide legal representation and help defend against the charges.
There are several factors that can influence the severity of a DUI charge, including the blood alcohol concentration (BAC) of the driver at the time of the arrest, the presence of any aggravating factors (such as having a minor in the vehicle at the time of the offense), and the driver’s prior DUI history. If any of these factors are present, the charge may be more serious and may require professional legal help to defend against.
Even if the DUI charge is relatively minor it is still advisable to seek the assistance of a qualified attorney. An experienced DUI attorney can provide valuable guidance on the legal process and help ensure that the individual’s rights are protected throughout the legal process. An attorney can also help negotiate with the prosecution to try to get the charges reduced or dismissed, or to secure a favorable plea bargain that minimizes the consequences of the charge.
In addition to the legal consequences of a DUI charge, there may also be other consequences to consider. For example, a DUI charge may impact an individual’s employment or educational opportunities, or may result in increased insurance premiums or difficulty obtaining car loans. A qualified attorney can help mitigate these consequences and protect the individual’s rights and interests.
In conclusion it is generally advisable to seek the assistance of a qualified attorney if you have been charged with a DUI. An experienced attorney can provide valuable guidance on the legal process and help defend against the charges, as well as minimize the potential consequences of the charge.
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