If you’ve been charged with a DUI (driving under the influence) or other related drinking and driving charges, you may be wondering what procedures must be followed. Kahlon Law DUI Lawyer Firm has had experience defending allegations of impaired driving and driving over 80, commonly referred to by the American term, “DUI”. Contact our DUI Lawyer Toronto firm for a consultation if you need a Toronto DUI lawyer who knows how to defend against drunk driving charges.

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Understanding DUI Offences

Driving under the influence (DUI) is a serious offence in Toronto, and it can result in severe penalties if not properly addressed. Whether you’ve been charged with impaired driving due to alcohol or drugs, our DUI lawyer has the expertise to handle various DUI offences.

Drinking and Driving – Over 80 MG

The allegation usually starts when the police stop a vehicle and suspects the driver to have alcohol in their system. Depending on the officer’s observations of the driving and physical appearance of the driver, they may arrest the individual for impaired driving. Alternatively, if the officer does not have sufficient grounds, the driver will be asked to provide a sample of their breath in a roadside screening device (ASD). This device will either return a pass, warn or a fail result. Recent amendments in the Criminal Code eliminated the requirement that an officer forms reasonable suspicion prior to administering an ASD. A fail result on the ASD permits the officer to arrest the driver and make a further demand for a sample of breath into an approved instrument. The driver will be brought to the police station for a further set of tests to determine the concentration of alcohol in their blood. Prior to the administration of the breath testing at the station, you have a right to consult a lawyer. It is always a good idea to exercise this absolute right of yours and contact a criminal lawyer experienced with DUI charges before you proceed. An over 80 mg breath sample charge is very technical and can have Charter Rights violations which can be used to exclude an individual’s breath samples.

Impaired Driving (By Drugs or Alcohol)

You may be convicted of impaired driving based simply on your physical state, your driving, and other observations made by witnesses. Law enforcement frequently utilises standard physical characteristics in DUI arrest investigations. A slurry or confused speech, staggering, swaying, fumbling with papers, shaky feet, a blank stare, bloodshot eyes, and an alcoholic odour are all examples of this. However, many of these characteristics could also result from things other than intoxication, such as nervousness, lack of sleep, injury, or medical conditions. At trial, DUI defence counsel will cross-examine both civilians and police witnesses to highlight inconsistencies in the evidence and to create reasonable doubt about whether you were actually impaired.

Refuse Sample

When a police officer demands you take a breath sample and you refuse, you will be charged accordingly. That is where the best Toronto DUI lawyer can go in and help you battle against impaired driving criminal offence charges. Even though you may not have been under the influence, there is nothing worse than getting a criminal record. Our criminal lawyer can help you navigate the criminal defence law and give you an in-depth understanding of DUI lawyer cost, subsequent offence consequences, and the DUI law.

Impaired Driving Causing Death

Impaired driving offence causing death are serious criminal offence. A DUI conviction resulting in death can result in imprisonment for life along with other collateral consequences. Before making any decisions, including to plead guilty, you should speak with a lawyer to understand all of your options.

Reduced Suspension with Ignition Interlock Conduct Review Program

The Reduced Suspension with Ignition Interlock Conduct Review Program enables eligible drivers convicted of a first or second alcohol-impaired driving offence under the Criminal Code to reduce their licence suspension in return for complying with certain criteria, such as having an approved ignition interlock device installed in their vehicle. Sometimes guilty parties need to attend an alcohol education course to further their understanding of the dangers of drinking and driving. An impaired driving lawyer from our law firm can discuss the impaired driving laws and DUI charges with you in a free consultation.

You may be eligible for the program if:

• You are a first time or second-time offender as determined by the Highway Traffic Act
• The offence doe snot involve impairment by drug
• Your driver’s license has been suspended for one to three years as a result of impaired driving charges
• The convicted offence did not result in bodily harm to the death of another party

Eligible drivers will be sent an information package from the Ministry of Transportation

The Court Process

A criminal defence lawyer can explain the DUI laws and the DUI offence court process. Below we have listed the steps after a DUI impaired driving arrest:

• Release by police officers or following a bail hearing
• First court appearance
• Receiving Disclosure
• Crown pre-trial (CPT)
• Judicial pre-trial (JPT)
• Trial or resolution

Penalties

The first conviction of impaired driving, over 80, or refusing to provide a breath sample will result in a criminal record and a driving prohibition for one year. There will also be an increase in your insurance premium and a fine associated. The severity of the punishment increases with the level of seriousness and frequency of the offence. A second or third offence may result in a jail sentence along with a longer driving prohibition. Below is a chart highlighting the penalties associated. Below is a chart highlighting the penalties associated.

Defending Your Rights with Kahlon Dui Lawyer:

When you’re facing DUI charges, one of the most critical aspects of your defence is protecting your rights. At Kahlon Law, we are dedicated to upholding and safeguarding your legal rights throughout the entire legal process.

Understanding Your Rights:

As a person accused of a crime, you have a set of rights guaranteed by the Canadian legal system. Some of these fundamental rights include:

The Right to Remain Silent: You have the right to remain silent and not incriminate yourself. This means you do not have to answer any questions from law enforcement without the presence of your legal counsel.

The Right to Legal Representation: You have the right to legal representation. You can choose your lawyer, and it’s crucial to have an experienced DUI lawyer by your side to protect your interests.

The Right to a Fair Trial: You have the right to a fair and impartial trial. This includes the right to a trial within a reasonable time and the right to be presumed innocent until proven guilty.

Protection Against Unlawful Search and Seizure: Evidence obtained through unlawful searches or seizures may not be admissible in court. This protection is crucial in DUI cases where the legality of traffic stops and arrests is often challenged.

Protection Against Self-Incrimination: You cannot be compelled to testify against yourself. You have the right to remain silent during questioning.

Our Commitment to Protecting Your Rights:

Kahlon Law is committed to ensuring that your rights are upheld at every stage of your DUI driving case. Here’s how we do it:

Legal Expertise: Our DUI lawyer is well-versed in the intricacies of Canadian law and will ensure that your rights are respected and protected throughout your case.

Preventing Rights Violations: We scrutinise the actions of law enforcement, from the initial traffic stop to the arrest, to ensure that no rights violations occurred.

Advising and Advocating: We provide you with experienced legal advice, explaining your rights and helping you make informed decisions. We also advocate on your behalf during negotiations with the prosecution and in court.

Challenging Evidence: If evidence has been obtained unlawfully or in violation of your rights, we will challenge its admissibility in court.

The Best DUI Lawyer Toronto

It is advisable to have a criminal lawyer on your side throughout the whole process. Kahlon Law can assist you in developing your DUI defence strategy. Our DUI defence lawyer in Toronto is well-versed in the local legal landscape, and we know what it takes to protect your rights and future. When you choose Kahlon Law, you’re choosing dedicated legal professionals who are committed to securing the best possible outcome for your DUI case.