AR Law

Being arrested for driving under the influence (DUI) in Ontario can be a scary and overwhelming experience, but it’s crucial to remain calm and level-headed. In these moments, ensure you take the appropriate legal steps to protect your rights.

Breaking the law can be embarrassing, but don’t let shame influence your ability to control your emotions or restrict your ability to seek help. The actions you take now will impact your future.

Ten Vital Steps to Take

Understanding what to do immediately following a DUI arrest can significantly impact the outcome of your case. Of course, hindsight is 20/20, but it’s always best to have the knowledge you need before you need it.

If time has passed since your arrest, speaking to a legal expert to identify if you have unknowingly negatively affected your case during this time can be very beneficial. Factors you may not consider, like maintaining old habits, posting online about your arrest, or traveling, can harm your case. The wrong actions may even result in additional arrests and potentially harsher convictions.

1. Cooperate with Law Enforcement

Upon being pulled over and subsequently arrested for a DUI in Ontario, it’s essential to cooperate with law enforcement officers. Cooperation includes providing your identification and complying with their instructions regarding sobriety tests or breathalyzer tests. Refusing to cooperate can lead to additional charges and worsen your legal situation.

2. Understand Your Rights

Remember that you have certain rights that must be respected when interacting with law enforcement, even when you commit a crime and are arrested for a DUI. These rights include the right to remain silent and the right to legal representation.

You should be respectful and cooperate with officers’ requests that align with typical traffic stop practices, but you are not required to incriminate yourself by answering any questions law enforcement asks. Understanding and asserting those rights to protect yourself during the legal process is crucial to getting the best outcome possible.

3. Contact a Lawyer

One of the most critical steps to take after a DUI arrest in Ontario is to contact a qualified DUI lawyer immediately. A skilled lawyer with experience in DUI cases can provide invaluable guidance and representation throughout the legal proceedings. They can advise you on your rights, potential defences, and the best plan of action. As noted previously, if you may have impacted your case negatively by your actions taken after your arrest, inform a qualified DUI lawyer immediately.

4. Understand the Consequences

Being convicted of DUI in Ontario can have serious consequences, including fines, license suspension, and even jail time, especially for repeat offenders or those involved in accidents resulting in injury or death. Understanding the potential consequences of a DUI conviction is essential for making informed decisions about your legal defence.

5. Attend Court Proceedings

After being charged with DUI in Ontario, you or your lawyer must attend court proceedings. It’s crucial to appear at all scheduled court dates and comply with any conditions set by the court, such as abstaining from alcohol or drug use. Failure to appear in court can result in additional charges and may negatively impact your case.

6. Explore Defence Strategies

A skilled DUI lawyer will work with you to explore potential defence strategies to challenge the charges against you. Defences may include questioning the legality of the traffic stop, challenging the accuracy of sobriety tests or breathalyzer results, or showing that your rights were violated during the arrest process. Your lawyer will help determine the most effective defence strategy based on the specifics of your unique case.

7. Consider Plea Bargaining

In some cases, it may be beneficial to negotiate a plea bargain with the prosecution to reduce the charges or penalties associated with a DUI charge. This could involve pleading guilty to a lesser offence in exchange for a more lenient sentence. Your lawyer can advise you on whether plea bargaining is a viable option in your case and help negotiate the terms of any plea agreement.

8. Prepare for License Suspension

If convicted of DUI in Ontario, you may face an automatic license suspension, especially for repeat offences or cases involving high blood alcohol concentrations. It’s essential to prepare for the possibility of license suspension by exploring alternative transportation options and understanding the process for reinstating your license once the suspension period ends.

9. Comply with Court Orders

It’s crucial to comply with any court orders or conditions set by the judge throughout the legal process. Orders may include attending mandatory counseling or rehabilitation programs, paying fines or restitution, or completing community service. Failure to comply with court orders can result in additional penalties and may prolong the resolution of your case.

10. Learn from the Experience

Facing a DUI arrest and legal proceedings can be a challenging and humbling experience. It’s essential to take the time to reflect on the situation and learn from it. Whether by seeking help for substance abuse issues, improving your decision-making skills, or simply being more responsible behind the wheel, use this experience as an opportunity for personal growth and positive change.

Find a Lawyer to Fight for You

Being arrested for DUI in Ontario is a serious matter that requires immediate action and careful navigation of the legal system. You can effectively protect your rights by following the steps outlined here, including cooperating with law enforcement, contacting a lawyer, understanding your rights, and exploring defence strategies.

Call AR Law today at 416-960-0781 for a free consultation. Our team can review your unique circumstances, create an action plan, and work towards a favorable outcome in your case. Remember, a DUI arrest does not define you, but how you respond to it can significantly impact your future.

At its core, aggravated assault represents a deliberate escalation of violence, where the accused intentionally inflicts serious bodily harm or employs a deadly weapon during the commission of an assault. It goes beyond the realm of simple assault, which typically involves less severe physical harm or threats. The legal consequences associated with aggravated assault are significant and can be life-altering.

Defining Aggravated Assault

Not every criminal charge of assault is aggravated. Aggravated assault in Canada is committed when that assault “wounds, maims, disfigures or endangers the life of the complainant”. Unlike simple assault, which typically involves less severe forms of physical harm or the threat of harm, aggravated assault escalates the severity of the crime.

Factors that can elevate an assault to the aggravated level include the use of weapons, the status of the victim (e.g., a law enforcement officer), or the intent to commit another crime alongside the assault. For example, if someone injures another person while stealing their car or breaking into their home, they are more likely to be charged with aggravated assault due to committing the other crime.

Legal Implications

The legal repercussions of aggravated assault can vary depending on the jurisdiction in which the crime occurs, but across the board, they are severe. The consequences may include imprisonment, substantial fines, probation, and other punitive measures.

Aggravated assault isn’t a one-size-fits-all charge. The factors that may impact the severity of the offence, may include the severity of the injury inflicted, the accused’s intent to commit the offence, the use of weapons during the act, the victim’s vulnerability, and the offender’s criminal history. Aggravated assault is an indictable offence, bringing with it many additional challenges for some individuals if convicted.

Imagine a young man facing aggravated assault charges. If convicted, he might find himself behind bars, grappling with not only the loss of freedom, but also the long-term consequences of a criminal charge on his record. The collateral damage extends beyond the courtroom, affecting his ability to vote, own a firearm, and secure future employment.

Understanding Aggravated Assault

Aggravated assault charges can be nuanced but are not categorized into different degrees based on the severity of the act. Instead, the severity of the act and the circumstances surrounding the case (such as the use of a weapon, the seriousness of the injuries, and the defendant’s criminal history) will influence how the court sentences the offender. Penalties will be the most severe when the act involves deadly weapons and a clear intent by the offender to cause harm. In contrast, a person seriously injuring another person without intent to cause harm may face fewer penalties. Acts that cause serious injury but lack the specific intent required for higher penalties may incur different charges.

Aggravated Assault: Societal Impacts

When criminal actions like aggravated assaults occur, there is a noticeable impact on people in the community. While much of the focus centers on the accused facing criminal charges, it is essential to acknowledge the profound impact the aggravated assault has on victims and the community at large.

It is important to recognize the impact on both the accused and the victims and work towards a criminal justice system that not only holds individuals accountable for their actions, but also facilitates healing and recovery for all those affected by violent acts.

Impact on the Accused

Facing aggravated assault charges can be challenging for the accused even before receiving a conviction, as they evaluate the potential life-altering consequences they may face based on the outcome of their case. It’s not just about the legal ramifications; it’s also about the personal and professional fallout that follows.

News spreads fast, and it is easy to find information about criminal activity online. The stigma attached to violent criminal charges can be isolating, straining relationships with family and friends. Gossip can be very hard to deal with. Communities often feel less safe and react strongly to such charges, potentially leading to ostracization and further exacerbating the emotional toll on the accused.

In the professional realm, the implications can be equally devastating. Background checks, a routine step in many hiring processes, can be a stumbling block, resulting in job loss or difficulty securing new employment opportunities. Employment options can be very limited if the accused receives a criminal charge.

Impact on Victims

Beyond the physical injuries, victims are often left coping with emotional trauma and enduring the psychological effects of the aggravated assault. Recognizing and addressing the needs of victims is an integral component of navigating the aftermath of such a violent act.

Support services, including counseling and victim advocacy programs, play a crucial role in helping victims cope with the aftermath of the assault. Legal remedies, such as restraining orders, peace bonds, and compensation for medical expenses, provide avenues for victims to seek justice and aid in recovery.

Defence Strategies

Preparing a robust defence is paramount for those facing aggravated assault charges. Effective strategies may include challenging the presented evidence, questioning the credibility of witnesses, and arguing that the actions do not meet the criteria for aggravated assault. Legal counsel is indispensable during this process, guiding the accused through the complexities of the legal system and advocating for their rights.

Self-defence can also emerge as a potential defending argument in some instances. It can serve as a valid defence if the accused can establish that they reasonably believed their actions were necessary to protect themselves or others from harm. Contextual nuances such as those can often influence the outcome of an aggravated assault case.

Seek Legal Guidance

There is a lot for both victims and the accused to process when a crime occurs. Aggravated assault is a complex legal issue with far-reaching consequences for individuals and society.

AR Law is here to help you understand the legal implications of your situation, the levels of severity of the assault, and the potential strategies to take in your case. Call us at 416-960-0781 to schedule a free consultation today.

Debunking Myths Surrounding Senior Drivers and Impaired Driving

As our population continues to age, the issue of driving over a certain age, resulting in impaired driving, has become a topic of discussion. Aging comes with its own set of physical and mental challenges, and some argue that conditions associated with advanced age might affect one’s ability to drive safely.

Understanding How the Aging Process Affects Driving Abilities

Contrary to popular belief, age alone does not determine a person’s ability to drive safely. Aging, however, brings about changes in physical and cognitive functions that can impact driving skills. It’s essential to recognize these changes and address them appropriately rather than assuming that all elderly drivers pose a danger on the roads.

Physical Limitations and Adaptations

One of the most noticeable changes associated with aging is a decline in physical abilities. However, this doesn’t necessarily mean that driving becomes unsafe. Many elderly drivers adapt to these changes by using glasses or contact lenses, attending regular eye check-ups, and staying physically active to maintain muscle strength and flexibility.

Moreover, advancements in vehicle technology, such as lane departure warnings, adaptive cruise control, and blind-spot monitoring, can provide crucial support to seniors on the road. Encouraging the use of these technologies can enhance the driving experience for older individuals.

Decline in Visual Acuity

Aging can lead to a gradual decline in visual acuity, which may affect the ability to see clearly at various distances, making it challenging to read road signs, recognize pedestrians, or assess the speed of oncoming vehicles. Seniors may have trouble seeing in low-light conditions, particularly at night, which may affect their ability to navigate effectively when driving in the dark.

Auditory Impairments

Aging is commonly associated with hearing loss, which may impact a driver’s ability to hear horns, sirens, or other critical auditory cues on the road. This lack of auditory awareness can compromise overall situational awareness.

Reduced Muscle Strength and Flexibility

Aging can lead to decreased muscle strength and flexibility, affecting a driver’s ability to turn their head, check blind spots, or make quick steering movements, which can be particularly problematic in situations requiring rapid responses. Conditions like arthritis can cause joint pain and stiffness, making it uncomfortable for elderly drivers to operate a vehicle for extended periods.

Cognitive Changes and Mental Fitness

Another concern is the potential decline in cognitive functions, such as memory and attention span, which could impact driving decision-making. However, it’s crucial to understand that aging doesn’t universally lead to cognitive impairment. Many seniors maintain sharp mental faculties through regular intellectual activities and social engagement.

Slower Reflexes

As individuals age, the nervous system’s response time may slow down, resulting in delayed reactions to unexpected events on the road, such as sudden stops or the need to swerve to avoid obstacles.

Medication Side Effects

Many seniors take medications for various health conditions, and these drugs can sometimes have side effects that affect alertness, coordination, or reaction times. Understanding and managing these potential side effects is crucial for safe driving.

Legal Implications and Testing

While some argue for stricter regulations for elderly drivers, it’s essential to approach this matter with a balanced perspective. In many jurisdictions, measures are already in place to assess the fitness of senior drivers.

Regular renewal processes for driving licenses typically include vision tests and, in some cases, cognitive assessments. Rather than imposing blanket restrictions based on age, these evaluations aim to ensure that all drivers, regardless of age, meet the necessary criteria for safe driving.

Impaired Driving: A Distinct Issue From Aging

Age is not a condition that always compromises driving ability. While age-related changes in physical and cognitive functions may impact driving abilities, it’s crucial to distinguish between these challenges and impaired driving caused by alcohol, drugs, or certain medical conditions. In Canada, impaired driving involves substances or conditions that directly compromise a person’s ability to drive safely.

Law enforcement agencies utilize various tools and tests to identify impaired drivers, including breathalyzer and field sobriety tests. The authorities specifically design these measures to address instances where an individual’s capacity to drive safely has been compromised due to external factors.

Public Awareness and Education

Rather than stigmatizing elderly drivers, a more constructive approach involves raising public awareness about their challenges and adaptations to stay safe on the roads. Encouraging open conversations about aging and driving can foster a better understanding of the issues.

Community initiatives, workshops, and informational campaigns can provide seniors and their families valuable resources. Emphasizing the importance of regular health check-ups, encouraging the use of assistive technologies, and promoting safe driving habits can contribute to a more inclusive and supportive environment for elderly drivers.

Know Your Rights and Stay Safe

While aging does bring about changes in physical and cognitive functions, it’s crucial to approach the issue with nuance and individual consideration. Rather than implementing restrictive measures based solely on age, a more practical approach involves regular assessments, education, and the promotion of adaptive technologies to support seniors on the road.

By fostering a culture of understanding and inclusivity, we can ensure that our roads remain safe for drivers of all ages. It’s time to debunk the myths surrounding senior drivers and work towards creating a transportation system that accommodates the diverse needs of our aging population.

Driving over the age of 80 is not inherently the same as impaired driving, and our elders can sometimes face discrimination based on their age. If you or a loved one is accused of impaired driving due to age, call AR Law at 416-960-0781 to schedule a free consultation today.

Understanding Bail Denials

Bail is a fundamental aspect of the legal system designed to ensure individuals can await trial outside of jail. However, being granted bail is not an absolute right, and there are instances where this privilege may be denied to some individuals.

Nature of the Offence

One primary factor influencing bail decisions is the nature of the alleged offence. More serious crimes, such as violent offences or those involving significant harm to others, are more likely to result in a denial of bail. Courts carefully consider the potential threat a defendant poses to the community, and the severity of the charges when determining whether to grant bail.

Flight Risk

Courts assess whether a defendant poses a flight risk when deciding on bail. If substantial evidence suggests that the accused may attempt to evade trial by fleeing, a judge may opt to deny bail. Factors that contribute to being perceived as a flight risk include a lack of ties to the community, a history of evading law enforcement, or access to resources that could facilitate escape.

Prior Criminal Record

A defendant’s criminal history plays a significant role in the bail determination as well. Individuals with a history of prior offences, particularly those related to violence or other serious crimes, may face increased scrutiny when seeking bail. A repeat offender may be seen as a more significant threat to public safety, which may lead to a denial of bail from the court to potentially prevent any further criminal activity from the individual.

Risk of Witness Intimidation

In cases where witness intimidation is a concern, judges may choose to deny bail to prevent interference with the legal process, which often occurs in cases involving organized crime, where defendants may have the means and motive to intimidate witnesses. By keeping the accused behind bars, the court aims to protect the integrity of the legal proceedings and ensure witnesses can testify without fear of reprisal.

Failure to Appear in Court

A history of failing to appear in court is a red flag regarding bail decisions. If a defendant has a track record of not showing up for scheduled court appearances, it diminishes the court’s confidence that they will comply with the conditions of their release. In such cases, judges may opt to deny bail to prevent further legal disruptions.

Public Safety Concerns

The court’s paramount concern is the safety of the community. If releasing a defendant on bail is deemed a potential threat to public safety, a judge may deny bail to protect the well-being of society. This consideration is particularly relevant in cases where the alleged offence involves a risk of harm to others, or if there is evidence suggesting that the defendant poses a danger to the community.

Drug and Alcohol Dependency

Substance abuse issues can also impact bail decisions. If a defendant’s alleged offence is connected to drug or alcohol abuse, or if the individual has a history of substance dependency, the court may be more inclined to deny bail. This decision is often motivated by concerns about the defendant’s ability to maintain sobriety while awaiting trial.

Can The Court Change Bail Orders?

Courts have the authority to adjust or raise bail under certain circumstances. Various factors typically influence the decision to raise bail, and it’s essential to understand the reasons behind such adjustments.

Changed Circumstances

If new evidence emerges or there is a significant change in the circumstances of the case, the court may revisit the bail amount. For example, if additional charges are filed or the prosecution presents compelling evidence not initially considered, the court might raise the bail amount.

Violation of Bail Conditions

A defendant released on bail may fail to comply with the conditions set by the court, such as attending court hearings, staying within specified geographic boundaries, or refraining from contacting specific individuals. In that case, the court may raise the bail amount or revoke bail altogether to ensure compliance and protect the integrity of the legal process.

Flight Risk Concerns

If the court becomes aware of new information that increases concerns about a defendant being a flight risk, they may raise the bail amount to mitigate the risk of the individual not appearing for future court proceedings.

New Criminal Activity and Public Safety Concerns

The court may raise the bail amount if heightened concerns about public safety are related to the defendant’s release. If a defendant is arrested for new criminal activity while out on bail, the court may decide to raise the bail amount. The idea addresses the increased risk of someone allegedly committing additional offenses while awaiting trial.

Reconsideration of Initial Assessment

Upon reviewing the initial bail assessment, courts may determine that the original amount set was insufficient to ensure the defendant’s appearance in court or to address other concerns. In such cases, the court might decide to raise the bail amount to better align with the perceived risks and circumstances of the case.

Know Your Rights When Under Arrest

While bail is a crucial aspect of the justice system, it is not an automatic entitlement. Understanding bail is essential for anyone navigating the legal system. Legal professionals play a crucial role in navigating these processes and advocating for their client’s interests within the bounds of the law.

Ultimately, a thorough understanding of the legal nuances surrounding bail decisions is vital to navigating the complexities of the criminal justice system. It is crucial to consult with legal professionals when facing the possibility of bail denial.

A skilled attorney can advocate for their client, presenting compelling arguments to the court and addressing concerns that may lead to a denial of bail. Call AR Law at 416-960-0781 to schedule a free consultation today.

Driving High in Canada: Understanding the Law and the Possible Consequences

The Canadian Cannabis Act made marijuana legal for recreational and medicinal purposes in 2018, but there’s still often confusion surrounding when it’s okay to smoke and when it can cause legal repercussions. While marijuana is legal, driving under the influence of it is not. Find out what qualifies as high driving, how officers determine whether you are under the influence of marijuana or other drugs, and what the legal THC limit is in this resource.

What Is High Driving?

High driving is when you are driving under the influence of a drug. While most people are referring to marijuana when talking about getting high, this could technically apply to other drugs as well. High driving is illegal because it falls under the category of driving while impaired. When you are under the influence of a substance like marijuana, you may have slower reaction times, have more difficulty focusing on the road and your surroundings, and be more likely to cause an accident or fail to avoid one.

Marijuana affects each person differently, and how high you get when consuming it can depend on several factors. These include your body weight, what kind of tolerance you have built up, what kind of marijuana product you consume, and the method of consumption.

How Do Officers Determine Whether You Are Under the Influence of Drugs?

Officers use many clues to help them detect if someone may be driving under the influence. For example, a person who is driving high may be driving under the speed limit, have difficulty maintaining speed, have trouble maintaining their lane, or run a stop sign or commit another traffic infraction.

If an officer sees signs of impaired driving, they can pull you over for a traffic stop. During the stop, the officer will ask you general questions to observe how you are able to carry on a conversation, including your reaction time, whether you’re slurring your words, and if you appear to be aware of your surroundings. The officer will also be aware of any kind of marijuana smell coming from the car.

If the officer believes that you are showing signs of driving high, they can ask that you take a roadside drug test with a spit sample. If the test is positive, you can be arrested and taken into custody, where a blood test can be done to see how much THC you have in your bloodstream. You may also be asked to take a field sobriety test at the scene of the stop to check your motor function and cognitive skills.

What Is the Legal Limit for THC in Your System in Canada?

For most people, the legal limit of THC in your blood is 2 nanograms per milliliter. However, there are some segments of the population that fall into the zero tolerance policy. Those under the age of 21 or who have a G1, G2, M1, or M2 license are not allowed to drive with any level of THC in their blood. The same applies to anyone driving a commercial vehicle or an A-F driver’s license. Those who use marijuana for medicinal purposes — as opposed to recreational purposes — are not subject to the zero-tolerance law but can still face charges if they are arrested for impaired driving.

What Are the Consequences If You’re Convicted of Impaired Driving?

If you’re arrested and convicted of driving while high, you can face serious consequences — especially if you have previous convictions. Below is a list of the penalties you could face by level of THC in your blood and whether it’s a first, second, or third offence.

• 2-5 ng/ml
  • First offence: Driver’s license suspended for three days and a fine of up to $550
  • Second offence: Driver’s license suspended for seven days, a fine of at least $350, and a mandatory education program
  • Third offence: Driver’s license suspended for 30 days, a fine of at least $450, mandatory treatment program and medical exam before you can begin driving again, and 6 months of using an ignition interlock device
• 5 ng/ml
  • First offence: Driver’s license suspended for 90 days, your vehicle impounded for a week, and a fine of $550
  • Second offence: Driver’s license suspended for 90 days, your vehicle impounded for a week, $550 fine, and a mandatory treatment or education program
  • Third offence: Driver’s licenses suspended for 90 days, your vehicle impounded for a week, a mandatory treatment program, 6 months with an ignition interlock device, and other fees

It’s possible to face even harsher penalties in severe cases or situations where there have been multiple previous offences, including permanently losing your driver’s license. If you’ve been arrested for driving while high, it’s important to discuss your situation with a criminal defence lawyer to ensure that you’re aware of the potential penalties you’re facing and your options for defence.

What Should You Do If You’re Arrested for Driving High?

If you’ve been arrested for driving high, the first thing you should do is tell officers that you want to speak with a lawyer. Don’t answer any questions with a lawyer present. The things that you say and do, starting with the traffic stop, can make a big difference in your case. Don’t give officers any additional evidence or statements that could be used against you. When your lawyer comes, they will be able to talk to you about the charges against you and provide counsel about what happens next.

When you’re facing severe penalties such as license suspension and hefty fines, you need a criminal defence lawyer who is prepared to help you fight back against charges. Call AR Law Barrister & Solicitor to discuss your case and learn more about how our legal team can help.

Can You Refuse a Breathalyzer Test?

If you’ve ever been pulled over after having a drink or two, you know how scary it can be. Even if you know that you’re not impaired, it can still be unnerving to see the lights flashing behind you and have a police officer asking you to take a field sobriety test. The Breathalyzer is one such test. It requires you to blow into a device that can detect your blood alcohol level through your breath. If it shows that you are over the legal limit in Ontario of 0.08% or 0.08 grams of alcohol per 100 millilitres of blood, you can be charged with driving under the influence. Keep reading to find out whether you can refuse a Breathalyzer test and what happens if you do.

Do Officers Need Probable Cause to Request That You Take a Breathalyzer?

Prior to December 2018, officers had to have probable cause to request that you take a field sobriety test. This meant that the officer had to have a reasonable suspicion that you were driving under the influence to be able to request the test. Examples of this could be a smell of alcohol in the car or coming from your person, having an open container in the vehicle, or displaying DUI behaviours, such as failing to maintain your lane.

However, this changed when the law was updated to allow an officer to request that you take a field sobriety test such as a Breathalyzer without needing probable cause. This means that an officer can request that you take the test without needing any specific indication that you may be under the influence. The only requirement is that the officer must have the Breathalyzer device on their person or in their car.

Charge for Refusing a Breathalyzer

While an officer isn’t going to physically force you to blow into the device, refusing to take the test is a criminal offence under the Criminal Code of Canada, section 320.15(1). The formal charge is “failure or refusal to comply with a demand.” Depending on the circumstances of the case, you may also be charged with driving under the influence or causing an accident that resulted in bodily harm if you were involved in a crash that resulted in injuries.

Consequences of Refusing a Breathalyzer

If you refuse to comply with the officer’s request to take a Breathalyzer test, you can face the same potential penalties as a driving under the influence charge. This is because failing to comply with a request for a Breathalyzer test is treated the same as taking and failing the test. While the exact penalties can vary depending on the specific case, there are minimum penalties imposed for failing to comply with a demand for a Breathalyzer. For a first offence, the minimum penalty is a $2,000 fine. If it’s a second offence, the minimum penalty is 30 days in jail. For each subsequent offence, the minimum penalty is 120 days in jail.

While the above are the minimum penalties, it’s also possible to be given a harsher sentence. A failure to comply with a demand charge can also result in up to 2 years in jail if it is a summary conviction. You could also lose your driver’s license for 90 days, have your vehicle impounded, and have to pay court fees and a fee to get your license reinstated after the suspension period.

If this is not your first offence, you may also be forced to attend a mandatory education program or have an ignition interlock device installed on your vehicle. This device requires you to blow into it to show that you are not impaired every time you start your car.

As you can see, the penalties for refusing to take a Breathalyzer are significant, and it’s important that you understand what your refusal means as far as criminal charges and being able to drive in the future. If you have questions about anything related to a traffic stop or being suspected of driving under the influence, a criminal defence lawyer can help.

How a Criminal Defence Lawyer Can Help

If you are facing criminal charges related to failing to comply with an order for a Breathalyzer or driving under the influence, a lawyer can advise you of your options. Depending on the exact details of your case, you may be able to fight back against these charges. For example, if the officer didn’t clearly explain what would happen if you refused the Breathalyzer, you may be able to consider this in your defence. Also, if the officers infringed upon your rights at any point during the stop, it might impact their case against you and may prove valuable to your defence strategy.

When you work with a criminal defence lawyer, you get the benefit of their years of experience and their in-depth legal knowledge. A lawyer knows what to look for in your case and what common areas officers can overstep or not follow proper procedure — all of which can help you if you are charged with a crime in Ontario.

If you refused a Breathalyzer test and are now facing charges, or you failed a field sobriety test, it’s important to speak with a criminal defence lawyer as soon as possible. While refusing to take a Breathalyzer test can result in automatic charges, you may have some legal options to fight other related charges that were the results of the traffic stop, or to mitigate the potential penalties. Find out what your rights are and how you can defend yourself against these charges when you call AR Law Barrister & Solicitor.