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Here is a short video titled ‘DUI Lawyer Toronto’ summarizing the potential consequences of being charged with a DUI/Impaired driving charge. Read the full article below the video.
Do not take a drinking and driving charge lightly – the penalties and consequences can be devastating. Impaired driving, driving over 80, or failing to comply with a breath demand are all criminal offences that will result in a criminal record if you are convicted. Paying a fine, losing your licence and going to jail are only some of the potential consequences. Speaking to a Toronto criminal lawyer is in your best interest.
Being charged with a drinking and driving offence can be extremely stressful, confusing and frightening. Do not plead guilty without first speaking with an experienced Toronto DUI lawyer. A Toronto DUI lawyer can assist you by negotiating with the prosecutor in having your charges withdrawn or reduced. In the event a trial is required, you will need an experienced Toronto DUI lawyer to fight your case based on its merits. This will require employing every valid legal defence and strategically attacking the prosecution’s case.
DUI Lawyer Toronto
What are drinking and driving offences?
The police may charge you with three criminal offences relating to drinking and driving:
Impaired Driving: This includes driving under the influence of alcohol or drugs. It is a criminal offence to drive if your ability is impaired by alcohol or drugs. It is important to note that your ability must be impaired – simply driving after consuming alcohol within legal limits is not a crime.
Driving Over .08: If you drive, your blood alcohol content must be lower than 80 milligrams of alcohol in 100 milliliters of blood. It is against the law to drive with blood alcohol content above this limit.
Refusing to Blow: It is against the law to refuse to comply with a breath demand without a reasonable excuse.
Even if you are not driving, the police can charge you with these offences if you are in ‘care or control’ of a vehicle. If you have the ability to put a vehicle in motion the police may charge you with a drinking and driving offence. For example, having the keys to your car and sitting in the driver’s seat could be enough for the police to charge you with impaired driving, driving over 0.8, or refusing to provide a breath sample.
What are the consequences of being convicted for a drinking and driving offence?
If you are convicted under the Criminal Code for impaired driving or driving over 80 you will face serious consequences. Remember, even failing or refusing to comply with an alcohol or drug test puts you at risk for being convicted under the Criminal Code.
In Ontario, if you are convicted of a drinking and driving offence you will face penalties under two separate statutes:
- The Criminal Code: The judge must impose minimum penalties that include a fine and licence suspension.
- The Highway Traffic Act: Further licence suspension and completion of Ontario’s Back on Track program (link at the end of the article)
The consequences of being convicted include:
- Mandatory minimum fine of $1,000;
- Mandatory minimum one-year licence suspension
- Mandatory completion of Ontario’s Back on Track program
- Potential jail sentence;
- Driving with an ignition interlock device
- Significant increase of your insurance rates for at least three years (premiums will likely start at $5,000 a year!);
- A criminal record;
- The possibility of being denied entry to the United States; and
- You may lose your job (especially true if your employment requires you to drive).
You will face increased penalties if you are convicted for a second or third drinking and driving offence. In addition to the above noted consequences, a second conviction carries with it a mandatory minimum jail sentence of 30 days and a three year licence suspension. A third conviction will result in a mandatory minimum jail sentence of 120 days and a potential life-time licence suspension.
Should I Plead Guilty?
Do not assume you are guilty if you have been charged with a drinking and driving offence. In Canada, you are innocent until proven guilty – it is not your job to prove your innocence. The prosecution must prove its case against you ‘beyond a reasonable doubt’. In addition to the prosecution having to prove its case, there are valid defences that may be available to you in successfully fighting your drinking and driving charge.
Avoid the consequences of a DUI charge by hiring a professional, knowledgeable Toronto DUI Lawyer. Fill in the form below and we will help you find the best Toronto DUI Lawyer:
Helpful DUI Related Resources:
Consequences of Drinking and Driving
Alcohol Education and Treatment Programs
By Jessica Taylor
Disclaimer: The information provided on this website is for informational purposes only and is not legal advice. If you are faced with a legal issue or require legal advice, you should contact a Toronto DUI lawyer.
