DUI Lawyer in Toronto

Fighting DUI Charges in Toronto—We Are On Your Side

A DUI conviction can upend your life and negatively affect future opportunities. Under the law, you do not need to have been engaged in careless driving or other reckless behaviour to be charged with DUI and, if convicted, deal with heavy penalties. Merely having a blood alcohol level of 80 mg is enough evidence to secure a conviction. You have the right to defend against charges of DUI driving in Toronto. If you’re facing charges related to drunk or impaired driving, you’re entitled to seek the protection of a skilled criminal defence lawyer.

Your DUI Defence Lawyer in Toronto: Experience Matters.

At AR Law, our legal team is dedicated to providing our clients with a skilled defence for DUI offences. Every case has unique facts and evidence, and we may take action to pursue reduced charges or penalties. In some cases, it is possible to have the charges dismissed. Drinking and driving convictions bring severe consequences, and having an experienced Toronto DUI lawyer on your side is crucial. If you’re hoping to beat a conviction for alcohol-impaired driving in Toronto, reach out to our law firm today to schedule a free consultation. Let us discuss your case and identify a strategy for your defence.

Can You Beat A DUI Criminal Offence Charge?

When considering whether to hire an impaired driving lawyer in Toronto, people often ask themselves, “Is there any point in fighting a DUI charge?” There’s a persistent belief that failing a breath test with a result of over 80 mg means there is little hope of avoiding a conviction. While operating a motor vehicle with this blood alcohol level is illegal, it may be possible to defend against drinking and driving charges in court successfully.

What DUI Defence Strategies Can Be Effective in Court?

Several defence strategies have the potential to lead to a favorable outcome. These strategies include the following:

Challenging the Legality of a Traffic Stop

Police must have reasonable suspicion to stop your vehicle. If the stop was arbitrary or without valid cause, any evidence obtained during the stop could be deemed inadmissible in court.

Challenging the Accuracy of Breathalyzer or Blood Test Results

Breathalyzers and blood tests are not infallible. Factors like improper calibration, operator error, or contamination can lead to inaccurate results. A defence lawyer can review maintenance records and procedures to challenge the reliability of these tests.

Rising Blood Alcohol Defence

Alcohol takes a specific amount of time to be absorbed into your bloodstream. If your blood alcohol level was under the legal limit while driving but rose above the limit by the time of testing, this defence could be used to argue you were not impaired at the time you were operating the vehicle.

Violation of Charter Rights

Under the Canadian Charter of Rights and Freedoms, you have specific rights during a DUI arrest, including the right to counsel and protection against unreasonable searches or detentions. If your rights were violated and this fact was brought to the attention of the court, evidence against you could be excluded.

Medical or Physical Conditions Affecting DUI Test Results

Certain medical conditions, such as acid reflux or diabetes, can produce false positives on breath tests. Additionally, physical impairment, age, or a health condition could lead to poor performance in field sobriety tests that are unrelated to alcohol intoxication.

Improper Police Procedure

Police must follow strict procedures when conducting roadside tests and arrests. Failing to administer the test correctly, provide proper instructions, or maintain the chain of custody for samples can weaken the prosecution’s case.

Lack of Evidence of Impairment

The prosecution must prove impairment beyond a reasonable doubt. If there is insufficient evidence of alcohol-impaired driving, physical signs of impairment, or test results, your DUI defence lawyer could argue for a case dismissal.

Witness Testimony and Surveillance Footage Evidence

Eyewitness accounts or video footage from dash cams or nearby businesses can contradict the officer’s report and support the defendant’s version of what occurred in the traffic stop and testing.

Building a strong defence requires a thorough evaluation of the evidence, along with a deep understanding of DUI laws in Ontario. Consulting with a skilled criminal defence lawyer is essential if you are accused of drunk driving in Toronto.

Impaired Driving Defence Options: What Will Work for You?

A Toronto criminal lawyer can advise you of all your options and the best way forward in your impaired driving case. Everyone who faces DUI charges has unique circumstances, and compelling defence cases are never cookie-cutter. What remains consistent is that speaking to a DUI lawyer in Toronto at AR Law will give you a better understanding of your rights. Contact us for a free case evaluation today.

What Are The Penalties For Impaired Driving In Toronto?

The criminal offence of impaired driving carries a variety of potential penalties under the law. If convicted, the punishment a person faces will depend on the circumstances of their case, and even the mood of the judge on that day. To better understand what you’re facing, it’s essential to recognize that there are two types of DUI charges. The first is known as impaired operation, and this can occur even if your blood alcohol level is under the legal threshold. It’s the type of charge a person may face if they’re accused of driving under the influence of drugs.

The second type of charge relates to operating a vehicle with a blood alcohol level of 80 mg or more. This charge can result in a guilty finding, even if every other aspect of your driving was safe. When convicted of these charges, first-time offenders face mandatory minimum penalties, including:

Fines: A minimum fine of $1,000 is imposed for a first conviction. The amount may increase if there are aggravating factors, such as a high blood alcohol concentration (BAC).
No Jail Time: For most first-time offenders, jail time is not mandatory unless the evidence in the case reveals aggravating factors, such as an accident or injury associated with impaired driving.
Driver’s License Suspension: Ontario imposes an automatic one-year license suspension for a first DUI conviction. After the license suspension period is complete, the individual can apply for reinstatement after completing mandatory alcohol education classes.
Ignition Interlock Program: After a driver’s license reinstatement, participation in the Ignition Interlock Program is required for at least one year. You will be required to blow into the device to ensure you are not operating the vehicle with any alcohol in your system.
Education or Treatment Programs: First-time offenders are required to complete Ontario’s Back on Track program, which provides education and counselling to address drunk driving behaviours and reduce the risk of the convicted individual reoffending.
Insurance Consequences: A DUI conviction will significantly increase your car insurance rates. Many insurers will categorize you as a “high-risk driver,” leading to higher premiums or the cancellation of your policy.
Your Criminal Record: A first-time DUI conviction will be available to any individual performing a background check, affecting the ability to find quality employment.

Additional Penalties for Aggravating Factors

When a DUI offence involves aggravating factors, such as an exceptionally high blood alcohol content, impaired driving causing a collision, or DUI driving with a minor present in the vehicle, the penalties imposed can be far more severe, which may include a longer license suspension, higher fines, or jail time.

Seek Legal Help After Your Arrest

While the penalties for a first-time DUI conviction are severe, there are defence strategies that can help reduce or dismiss the charges. Consulting an experienced DUI defence lawyer in Toronto is crucial to protecting your rights and minimizing the long-term consequences of the conviction. The penalties increase significantly for a second offence.

What Are the Penalties for a Second DUI Conviction?

A second DUI conviction in Toronto carries significantly harsher penalties than a first offence. Under the Criminal Code of Canada, these penalties were designed to deter further violations and protect the public from the risks associated with repeat drunk drivers. The penalties imposed for a second DUI conviction include the following mandatory minimum penalties:

Fines: A minimum fine of $2,000, or even more expensive fines, based on the circumstances.
Jail Time: A mandatory minimum of 30 days imprisonment, which can increase if the case has what the Crown deems to be aggravating factors.
Driver’s License Suspension: Ontario’s Highway Traffic Act imposes a three-year license suspension for a second DUI conviction. After this period, offenders may need to complete mandatory programs and meet strict conditions to gain legal driving privileges again.
Ignition Interlock Program: Upon reinstating your license, participation in Ontario’s Ignition Interlock Program is required for 6 months to 1 year. This device prevents the vehicle from starting if alcohol is detected on the driver’s breath.
Increased Insurance Rates: A second conviction will increase car insurance rates. Many insurance providers may label you as a “high-risk driver,” leading to very expensive premiums once your license is reinstated.
Mandatory Education and Treatment Programs: Offenders must complete programs like Ontario’s Back on Track program, which provides education and treatment to address impaired driving behaviours.
Criminal Record: A second DUI results in a permanent criminal record, which can affect employment, travel, and other aspects of your personal and professional life.
Additional Penalties: If the DUI offence involved injuries, fatalities, a child in the vehicle, or other aggravating factors, you could face elevated charges, a longer term in prison, and other severe penalties.

Zero Tolerance for Repeat Offenders

Repeat DUI offenders are treated with zero tolerance. When you have a prior conviction for DUI and have been arrested a second time, you must meet with a DUI defence lawyer to explore the opportunities for a defence that could help you avoid the long-term consequences of a conviction.

It only takes one conviction to leave a mark on your criminal record. This could negatively affect your professional career or lead to threats to your legal status as an immigrant. Our experienced Toronto impaired driving lawyers can help you with this serious legal problem. At AR Law, we offer a free initial consultation. Don’t risk your future when you face a drinking and driving offence. Contact our law firm and speak to our DUI criminal lawyer today.

Types of Impaired Driving Charges

(Driving Under the Influence) offences are categorized based on the type of impairment and the specific circumstances surrounding the incident. Each type of charge carries a set of penalties. These are the most common types of DUI charges in Toronto:

Impaired Driving

This charge applies when a driver’s ability to operate a motor vehicle is impaired by alcohol, drugs, or a combination of both. Impairment can be proven through observed behaviours, such as erratic driving, slurred speech, or failed field sobriety tests, even without a specific blood alcohol concentration (BAC) level.

Over 80 (BAC Over 0.08%)

A driver may be charged with an “Over 80” offence if their blood alcohol concentration exceeds the legal limit of 80 milligrams of alcohol per 100 ml of blood. This charge typically arises from breathalyzer or blood test results conducted by law enforcement.

Refusal to Provide a Breath or Saliva Sample

Refusing to comply with a lawful request for a breathalyzer or blood test is a criminal offence in Canada. This charge carries the same or even harsher penalties as an “Over 80” or impaired driving conviction.

Drug-Impaired Driving

With the legalization of cannabis and the prevalence of recreational use of controlled substances, drug-impaired driving may be the charge. Drug-impaired driving charges are filed when it is alleged that drug intoxication has impaired a driver’s ability to safely operate a vehicle. Police may use standard sobriety tests, an oral fluid sample at the roadside, or call on a Drug Recognition Expert (DRE).

Care and Control While Impaired

A driver can be charged even if the vehicle is not in motion. If you are found in the driver’s seat or in control of a parked vehicle while impaired (e.g., with the keys in the ignition), you could face a Care and Control charge.

Impaired Driving Causing Bodily Harm or Death

These are among the most severe DUI charges, applied when impaired driving results in injury or fatality. The penalties for these offences include lengthy prison sentences and permanent driving bans.

Young or Novice Driver DUI (Zero Tolerance)

Under Ontario’s Zero Tolerance Policy, drivers under 21 or those with a G1, G2, M1, or M2 license cannot have any detectable alcohol or drugs in their system while driving. A violation can lead to immediate suspension, fines, and other penalties.

Commercial Driver DUI

Commercial vehicle operators are held to stricter standards. A BAC of 0.04% or higher can lead to charges, even though this is below the legal limit for regular drivers. The consequences for commercial drivers can also include job loss and additional licensing penalties.

A Law Firm That Can Help You Fight Back

An impaired driving offence can cause severe disruption to your life. Even if you’re barely over the legal threshold of intoxication, an impaired driving conviction can change everything. This is why you should speak with a DUI defence lawyer if you’re charged with driving while under the influence of alcohol or drugs. Don’t make any snap decisions that could have lifelong consequences. You have the right to be protected by experienced legal representation. At AR Law, we offer personalized counsel from a lawyer who genuinely cares about you, your future, and the outcome of the case. Contact us today to schedule your confidential consultation.

What Should You Do When Facing DUI Charges?

When working with experienced criminal lawyers, you have an advocate to fight the Crown charges for you. Several steps can be taken to assist in your defence. The Crown prosecutor will want to secure an impaired driving conviction with minimal hassle. By taking a few steps, a conviction can be far more challenging.

Your Rights After a DUI Arrest

Exercise your right to remain silent when questioned by police. You do not have to admit to anything. Officers will try to build a better case by using your words against you. Contact your DUI defence lawyer before answering any questions other than what is required under the law (your driver’s license, vehicle registration, proof of insurance, and providing a breath or oral sample). You are not required to answer any questions about how much alcohol you have consumed. Wait for your DUI defence lawyer to take action and manage the situation.

Speak with a Toronto DUI lawyer. Our impaired driving lawyer knows how the justice system works. They understand potential defences for the charges you’re facing. It is in your best interest to seek legal counsel.

How Can Toronto DUI Lawyers Help?

You may believe that a conviction of a DUI charge is a foregone conclusion. You may be accused of refusing to comply, which carries similar penalties to driving under the influence. Regardless of the circumstances of your situation, you may be wondering how an impaired driving lawyer can help. Our legal team understands the nuances of impaired driving offences and the defence strategies that could result in a favourable case outcome. Based on the facts and evidence, our lawyers could fight to have the DUI charges reduced or dropped altogether.

A legal professional can negotiate with the Crown Attorney to seek a more beneficial outcome for you. Because if you’re facing up to 18 months in jail and your lawyer helps you get nothing more than probation, it’s hard to deny that you walked away a winner.

Contact A DUI Lawyer In Toronto Today For A Free Case Consultation

Being convicted of an impaired driving charge is no simple matter. Even if you were not engaged in reckless driving or any other aggravating factor, the Crown is rarely lenient regarding these cases.

At AR Law, you’ll work closely with a dedicated legal professional who will give your DUI case the attention it deserves. Even if you were impaired when pulled over, it’s up to the police and judicial system to do their jobs correctly. If they fail in this endeavour, impaired driving charges may be thrown out entirely. There are no guarantees when it comes to criminal charges. When our founder and lead defence lawyer, Arvin Ross, is involved, he uses his extensive legal experience to help you pursue the most favourable outcome possible, based on the facts in the case.

Call (416) 960-0781 today to schedule your free consultation. You need a DUI lawyer in Toronto who will fight for you, and that’s what you’ll find at our law firm.