DUI Lawyer In Criminal Law
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 has had experience defending allegations of impaired driving and driving over 80, commonly referred to by the American term, “DUI”.
Contact our firm for a consultation if you need a Toronto DUI lawyer who knows how to defend against drunk driving charges.
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. Dependent 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 second test, 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 will often 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 the description of your physical state, your driving, or reasonable suspicion.
Law enforcement frequently utilizes standard physical characteristics in DUI arrest investigations. An unkempt appearance, 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, 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.
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 lawyers can go in and help you battle against impaired driving criminal offence charges.
Even though you were not under the influence, there is nothing worse than getting a criminal record due to careless driving. Our criminal lawyers 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 offences causing death are serious criminal offences. 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
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.
The Best DUI Lawyers in 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.