DUI Lawyer in Toronto

Offering A Top-Rated Legal Defence Against Drunk Driving Charges

A single DUI (Driving Under the Influence) conviction can irrevocably upend your life, regardless of whether you have a prior criminal record. Under the Criminal Code of Canada, you don’t even need to be driving recklessly to be charged; merely having a Blood Alcohol Concentration (BAC) of 80 milligrams (mg) or more per 100 ml of blood is enough to face a criminal offence.

However, a conviction is not a foregone conclusion. If you’re facing charges related to drunk or impaired driving in Toronto, you have the right to a skilled DUI defence lawyer. A DUI lawyer in Toronto from AR Law can help you understand your rights, explore every possible defence, and fight back against charges from the Crown.

At AR Law, our legal team is devoted to getting our clients the best possible outcome. This may mean having charges or penalties reduced, or in some instances, having a case dismissed altogether. Given the serious consequences of drinking and driving charges, having an experienced Toronto DUI lawyer on your side is crucial.

If you’re hoping to beat a conviction for impaired driving in Toronto, reach out to our law firm today to schedule a free consultation. Let us discuss your case and identify the best legal strategy for your defence.

Can You Beat A DUI Criminal Offence Charge?

A common question for those who fail a blood alcohol or sobriety test is, “Is there any point in fighting a DUI charge?” The persistent belief that a failed alcohol level test (an ‘Over 80 mg’ charge) leads to an immediate conviction is a misconception. While operating a motor vehicle with a BAC over the legal limit is illegal, it doesn’t automatically mean you’ll be convicted.

There are a variety of robust defence strategies that a skilled Toronto DUI lawyer can employ to challenge the Crown’s case.

Effective DUI Defence Strategies

Our legal team thoroughly evaluates the evidence and circumstances of your arrest to build a compelling defence. Potential strategies that may lead to a favourable outcome include:

Violation of Charter Rights: Challenging the case if the police breached your right to counsel (the right to speak to a lawyer immediately) or if the arrest was illegal, perhaps made without reasonable suspicion.
Challenging the Legality of a Traffic Stop: If the police stop was arbitrary or without valid cause, any evidence obtained could be deemed inadmissible in court.
Challenging the Accuracy of Test Results: Questioning the reliability of the breathalyzer or blood test results due to factors like improper calibration, operator error, or a Rising Blood Alcohol Defence (arguing your BAC was under the limit while driving but rose while waiting for testing).
Improper Police Procedure: Challenging the charges if officers failed to follow strict procedures when conducting roadside tests, administering instructions, or maintaining the chain of custody for samples.
Lack of Evidence of Impairment: Arguing that the prosecution cannot prove impairment beyond a reasonable doubt, which may be supported by witness testimony or surveillance footage that contradicts the officer’s report.

Every DUI case has unique circumstances, so no two defence strategies will ever be the same. The one consistent step, however, is that speaking to a DUI lawyer in Toronto at AR Law will give you a better understanding of your rights and options.

What Are The Types of Impaired Driving Charges in Toronto?

Impaired driving offences are categorized based on the type of impairment and the specific circumstances of the incident. Each charge carries different potential penalties, including mandatory sentences. The most common charges related to DUI are:

Impaired Driving: Your ability to operate a vehicle is impaired by alcohol, drugs, or both, proven through observed behaviours even if BAC is below $0.08$ .
Over 80 (BAC Over 0.08%): Charged when your Blood Alcohol Concentration exceeds the legal limit of 80 mg per 100 ml of blood.
Refusal to Provide a Sample: Refusing a lawful request for a breath or saliva sample is a DUI offence that carries the same or even harsher penalties as an Impaired Driving conviction.
Drug-Impaired Driving: Filed when drug intoxication is alleged to have impaired a driver’s ability to safely operate a vehicle.
Care and Control While Impaired: A charge applicable even if the vehicle is not in motion, but you are found in control of it (e.g., in the driver’s seat with keys).
Impaired Driving Causing Bodily Harm or Death: The most severe charges, resulting in lengthy prison sentences and permanent driving bans.
Repeat Offences: Prior convictions significantly increase the severity of penalties.
Young/Novice Driver DUI: Subject to Zero Tolerance (no detectable alcohol or drugs).

What Are The Penalties For Impaired Driving In Toronto?

Canada takes impaired driving charges very seriously. The penalties a person faces depend on the circumstances of the case, whether the Crown seeks an indictment (more serious) or a summary conviction, and the number of prior offences.

Mandatory Minimum Penalties for a First Conviction

When convicted of a first-time DUI offence without aggravating factors, you face mandatory minimum penalties, including:

Mandatory Fine: A minimum of $1,000. This amount can increase significantly based on your Blood Alcohol Concentration (BAC) levels at the time of arrest.
License Suspension: An immediate and automatic 12-month driving prohibition across Ontario.
Ignition Interlock Program: You will be required to install an alcohol-sensing device in your vehicle for at least 12 months once your license is reinstated.
“Back on Track” Program: Mandatory enrollment in Ontario’s impaired driving education and assessment program at your own expense.
Permanent Criminal Record: A conviction results in a criminal record that can be seen by employers, professional licensing boards, and border officials (affecting travel to the U.S.).
Insurance Hikes: You will be labeled a “high-risk driver,” which often leads to insurance premiums increasing by thousands of dollars per year.

Harsher Penalties for Second and Subsequent Convictions

Penalties increase significantly for repeat offenders:

Second Offence:
- Mandatory Jail Time: Minimum 30 days imprisonment.
- License Suspension: 3 years suspension.
- Minimum Fine: $2,000 or more.
- Ignition Interlock: Required for 6 months to 1 year upon reinstatement.
Third (or subsequent) Offence:
- Mandatory Jail Time: Minimum 120 days imprisonment.
- License Suspension: Indefinite suspension (minimum 10 years or lifetime).
- Minimum Fine: $3,000 or more.

Additionally, penalties for a first conviction can include up to 18 months of incarceration via a summary conviction if no one was injured or killed, and much longer prison sentences (5-10 years) under certain circumstances, especially if the Crown proceeds by indictment.

What Should You Do When Facing DUI Charges?

When you’re pulled over or arrested for impaired driving, your actions immediately following the stop are crucial to your defence. The Crown Attorney’s job is to secure a conviction with minimal hassle. By following these steps, you make that endeavour more difficult:

Exercise Your Right to Counsel: Immediately and clearly state that you wish to speak with a lawyer. Do this before answering any questions beyond what is legally required (providing your driver’s license, registration, and proof of insurance, and providing a breath or oral sample).
Stay Quiet at the Police Station: You have the legal right to remain silent. Do not admit to anything. Officers will use your words against you to build a case. Wait for your lawyer.
Follow Judicial Orders: If the courts place requirements on you (e.g., conditions for release), follow them strictly.
Speak with a Toronto DUI Lawyer: Impaired driving lawyers know how the system works, understand potential defences, and can protect your rights from the very start.

Do not make snap decisions or accept promises of leniency from the prosecutor—their job is to prosecute, not protect you.

Strategic DUI Defence Lawyer in Toronto: Protecting Your Rights and Your License

An experienced DUI defence lawyer is your essential advocate against the Crown’s charges. At AR Law, our legal professionals can:

Identify and Utilize Defence Strategies: We will analyze the arrest process, evidence, and your Charter rights to seek to have charges reduced or dropped altogether.
Negotiate a Favourable Outcome: Where a conviction is likely, we negotiate with the Crown Attorney to seek a more beneficial outcome, such as reduced charges, lower fines, or avoiding jail time. 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.
Provide Dedicated Attention: Our team, led by founder and lead defence lawyer Arvin Ross, will give your DUI case the attention it deserves, challenging the police and judicial system to prove their case correctly.

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

Being convicted of an impaired driving charge is a serious matter with lifelong consequences. Even if you were not engaged in reckless driving or any other aggravating factor, the Crown is rarely lenient.

At AR Law, you’ll work with a dedicated team of legal professionals who will fight for you. 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, but we will use all our legal experience to provide you with a strong legal defence. We offer free initial consultations to discuss your case and figure out the best way forward together.

You need a DUI lawyer in Toronto who will fight for you, and that’s what you’ll find at our law firm.

Call (416) 960-0781 today to schedule your confidential consultation.