DUI Lawyer Toronto - Frequently Asked Questions
March 2023
Driving under the influence (DUI) is a serious criminal offence in Toronto and throughout Canada. The penalties for a DUI conviction can be severe, including fines, jail time, and a criminal record. If you have been charged with a DUI, it is important to understand your legal rights and options.
At Titan Defence, we have extensive experience defending clients against DUI charges in Toronto. We understand that facing criminal charges can be overwhelming and intimidating, which is why we are here to help. In this article, we will address some of the most frequently asked questions about DUI charges in Toronto, providing you with valuable information to help you navigate the legal process and protect your rights.
What is a DUI charge in Toronto?
A DUI (Driving Under the Influence) charge in Toronto refers to the criminal offence of operating a vehicle while impaired by drugs or alcohol. Impairment can be defined by a blood alcohol concentration (BAC) level of 0.08 or higher or by showing signs of impairment such as slurred speech or unsteady movements. These are distinct offences and charged separately as impaired or over 80. One is your ability to drive a motor vehicle effectively, while the other is a measure of your blood alcohol level. People are often charged with both of these offences. That being said, however, you could be over 80 and not impaired, or conversely, impaired but not over 80. A DUI charge can have serious consequences, including fines, license suspension, and even jail time.
Can I refuse a breathalyzer test?
Under Canadian law, refusing to take a breathalyzer test can result in criminal charges, which are treated similarly to a DUI conviction and categorized as a DUI. In Toronto, refusing a breathalyzer test is also subject to penalties under the Highway Traffic Act, including an immediate driver's license suspension and vehicle impoundment.
It's important to note that refusing a breathalyzer test is not the same as remaining silent or declining to answer questions during a police stop. While individuals have the right to remain silent and not incriminate themselves, refusing a breathalyzer test is an independent action that can result in its own set of consequences.
However, it is still possible to challenge the results of a breathalyzer test in court with the help of an experienced DUI lawyer. These tests can be subject to errors, equipment malfunctions, or improper administration, all of which can be used to create reasonable doubt in a criminal trial. An experienced DUI lawyer can also advise you on the best course of action based on the specifics of your case and help you navigate the legal process.
What are the penalties for a DUI conviction?
The penalties for a DUI conviction in Toronto can vary depending on the severity of the offence, as well as any previous DUI convictions. Penalties can include fines, license suspension, community service, alcohol counseling, and even jail time. The severity of the penalties can also depend on whether there were any aggravating factors, such as causing an accident while impaired or having a BAC level above 0.16.
Ministry of Ontario - Penalties for young and novice drivers
Will I lose my driver's license if I'm charged with a DUI?
If you are charged with a DUI in Toronto, you will face an automatic driver's license suspension under the Highway Traffic Act. This suspension is independent of any criminal charges or conviction that may ensue and is based solely on the fact that you were alleged to have been driving under the influence. There could be a further driving prohibition after a conviction is recorded for a DUI as part of a Criminal Code probation order. The length of the suspension varies depending on the circumstances of your case, including whether this is your first offense, your blood alcohol concentration (BAC) at the time of the offence, and whether anyone was injured or killed as a result of your actions.
The Ministry of Transportation will suspend your licence automatically as soon as you are alleged to have committed a DUI and charged as such. All drivers charged with a DUI receive an automatic 90-day suspension along with a 7-day vehicle impoundment and a $550 penalty. Second and third time offenders will also be required to take an education and treatment program to get their licence back. Third time offenders will also have an ignition interlock condition for six months after their 90-day licence suspension. These individuals will have to install the ignition interlock system at their own expense and blow into the device, located near the driver’s seat, before their vehicle will start. If the device detects any blood alcohol concentration over the preset limit of 0.02 the vehicle will not start.
It is important to note that even if your criminal charges are dismissed or you are found not guilty, your license suspension will still stand. It is possible to appeal a license suspension, but you will need to act quickly and seek the advice of an experienced DUI lawyer. In some cases, it may be possible to have your suspension reduced or to obtain a hardship license that allows you to drive to work or school.
How can a Toronto DUI lawyer help me fight my charges?
A Toronto DUI lawyer can help you fight your charges in several ways. Firstly, they can examine the circumstances leading up to your arrest and scrutinize whether your rights were violated during the process. They can also evaluate the evidence presented against you, such as the results of your breathalyzer test or field sobriety tests, to identify any weaknesses or inaccuracies. Your lawyer may also challenge the legality of the breathalyzer test or question the reliability of the device used.
Titan Defence has extensive experience in representing clients charged with DUI offences in Toronto. Our team of skilled lawyers can analyze the facts of your case and craft a strong defence strategy that best fits your situation. Our goal is to protect your rights, freedom, and future. We understand the seriousness of DUI charges and the potential consequences they can bring, such as license suspension, fines, and even jail time. That's why we approach every case with the utmost professionalism and dedication, working tirelessly to achieve the best possible outcome for our clients. We also strive to keep our clients informed and involved in the legal process, ensuring they understand their options and are comfortable with the strategies we propose.
What is the process of being charged with a DUI in Toronto?
If you are charged with a DUI in Toronto, you will be taken into custody and your vehicle will be impounded. You will then be given a court date, at which point you can enter a plea of guilty or not guilty. If you plead guilty, you may be sentenced immediately. If you plead not guilty, the case will proceed to trial.
Can I plea bargain for a reduced sentence in DUI cases?
In some cases, it may be possible to plea bargain for a reduced sentence in Toronto DUI cases. This can involve negotiating with the prosecution to plead guilty to a lesser charge or to agree to a reduced sentence in exchange for a guilty plea. However, plea bargaining can be complex, and it is important to have a qualified DUI lawyer on your side to guide you through the process.
How long will a DUI conviction stay on my record
A DUI conviction can have serious and long-lasting consequences on your personal and professional life. In Toronto, a DUI conviction will stay on your driving record for at least ten years. Punishments for DUI’s are legislated in the Criminal Code with mandatory minimum sentences involving a fine. A fine is a recorded conviction. All DUI convictions will remain on your criminal record indefinitely until you bring an application to have that record expunged after a certain period of time.
Having a DUI conviction on your record can affect your ability to get a job, travel to other countries, and even rent a home. It can also result in higher insurance premiums and limited driving privileges. The severity of these consequences underscores the importance of seeking legal representation if you have been charged with a DUI in Toronto.
At Titan Defence, our experienced DUI lawyers can help you navigate the complexities of the legal system and fight for your rights. We understand the serious impact that a DUI conviction can have on your life and future, and we will work tirelessly to achieve the best possible outcome for your case. With our extensive experience and dedication to our clients, you can trust that you are in good hands with Titan Defence.
Can I travel to the US with a DUI conviction?
Having a DUI conviction in Toronto can make it difficult to travel to the US, as US Customs and Border Protection has the authority to deny entry to anyone with a criminal record. It is always at the discretion of the border agent to allow or deny you entry based on your criminal record. However, it may be possible to obtain a waiver or other special permission to enter the US with a DUI conviction.
Contact Titan Defence for DUI Charges
If you're facing DUI charges in Toronto, don't wait to seek legal help. At Titan Defence, our experienced team of criminal lawyers has a proven track record of successfully defending clients against DUI charges. We understand the serious consequences that a DUI conviction can have on your life, including fines, a license suspension, and even jail time.
By working with Titan Defence, you can rest assured that you have a dedicated team on your side, fighting to protect your rights and ensure the best possible outcome for your case. Our lawyers will work tirelessly to build a strong defence strategy tailored to your unique circumstances and fight to get the charges against you reduced or even dismissed.
Don't risk your future by facing DUI charges alone. Contact Titan Defence today to schedule a consultation and start building your defence.
Author: Titan LLP
NOTE: THIS IS NOT LEGAL ADVICE AND THIS SHOULD ONLY BE RELIED ON FOR INFORMATIONAL PURPOSES. THIS BLOG IS NO SUBSTITUTE FOR LEGAL ADVICE BY AN ACTUAL LAWYER. THE LAW ALSO DYNAMIC IS CHANGES OFTEN, AND AS A RESULT, THE INFORMATION CONTAINED HEREIN MAY BE OUTDATED AFTER TIME. THIS BLOG MUST NOT BE RELIED ON AS A SUBSTITUTE FOR ACTUAL LEGAL RESEARCH.