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Knowledge

How A DUI Lawyer Can Build A Defence For A DUI Charge

March 2023

Facing a DUI charge in Toronto can be a daunting experience, and the legal process can be complex and overwhelming. If you have been charged with a DUI, it is essential to work with an experienced DUI lawyer who can build a strong defence to protect your rights and freedom. A DUI lawyer can help you navigate the legal process, understand the charges against you, and build a defence strategy to fight the charges.

In this article, we will discuss how a DUI lawyer can build a defence for a DUI charge in Toronto. We will cover some of the key strategies that a defence lawyer may use to challenge the evidence, negotiate a plea deal, or represent you in court. By understanding how a DUI lawyer can help, you can make an informed decision about seeking legal representation and increase your chances of achieving the best possible outcome for your case.

What is a DUI in Toronto?

In Toronto, Ontario, DUIs are a category of criminal offences that refer to driving a vehicle (including a car, boat, electric bicycle, canoe, or any "conveyance") while impaired by alcohol or drugs. In Ontario, this can be "impaired driving", "driving over 80", or "refusal to provide a breath sample". This is a serious charge that can carry severe consequences and affect many areas of your life. Driving under the influence of drugs or alcohol is a significant threat to public safety, and it's important that the law takes it seriously to ensure that individuals remain safe on the roads.

If you are charged with a DUI in Toronto, you may face penalties that could include heavy fines, license suspensions, increased insurance rates, and in some cases, imprisonment. The penalties depend on the severity of the offense and the individual's previous driving record. However, it's important to note that even a first-time offender can face significant penalties that can impact their life and future. It's essential to seek the help of an experienced criminal defence lawyer to help you navigate the legal process and work towards a positive outcome for your case.

At Titan Defence, we understand the complexities of DUI charges in Toronto and are dedicated to providing our clients with the strongest possible defence. Our lawyers have years of experience representing individuals charged with DUIs, and we have the resources and knowledge needed to build a solid defence strategy for your case. We understand the impact that a DUI charge can have on your life, and we are committed to working to minimize the consequences of a conviction and protect your rights and freedom.

80 Limit

In Ontario, alcohol-impaired driving is one of the leading causes of death on the roads. Gender, weight, age, mood and what a driver has eaten can affect how their body responds to alcohol.

When someone drinks, they may experience:

  • blurred or double vision
  • difficulty paying attention to the road and your surroundings
  • slowed reflexes

A driver can face charges if their blood alcohol concentration is 0.08 or more, or if they are in the warn range (blood alcohol concentration between 0.05 and 0.079).

Under Ontario’s zero tolerance law for young, novice and commercial drivers, you cannot have any alcohol in your system if you are:

  • age 21 or under
  • a driver of any age who holds a G1, G2, M1, or M2 licence
  • driving a vehicle that requires an A-F driver’s licence or Commercial Vehicle Operator’s Registration (CVOR)
  • driving a road-building machine

It's essential to understand that even if a driver's BAC is below the legal limit, they can still be charged with a DUI offense if they show signs of impairment while driving. Impairment can be caused by a variety of factors, including drugs, medication, or even fatigue. The police have the right to conduct field sobriety tests or breathalyzer tests if they suspect that a driver is impaired, and if a driver fails these tests, they can still be charged with a DUI.

What happens During a DUI Stop?

During a DUI stop in Toronto, if a police officer detects signs of alcohol, the police officer will typically ask the driver to perform a series of field sobriety tests to determine if they are impaired. These tests may include asking the driver to walk in a straight line, balance on one foot, or follow an object with their eyes. The officer may also administer a roadside screening device to measure the driver's blood alcohol concentration (BAC). The roadside test is a breath test that typically has three results: pass, warn, or fail. If you fail, it means the screening device has detected over 80 mg of alcohol per 100 ml of blood.

If the police officer has reasonable grounds to believe that the driver is impaired, they may place them under arrest and take them to the police station for further testing. At the station, the driver may be required to provide a blood or urine sample for testing, which will determine the driver's BAC level.

The driver's vehicle will also likely be impounded, and they may be issued a license suspension or other administrative penalties. In some cases, the police may also conduct a search of the driver's vehicle to look for evidence of drugs or alcohol.

If the driver is charged with a DUI offense, they will need to appear in court to face the charges. It's important to seek the help of an experienced criminal defence lawyer to help you navigate the legal process and work towards the best possible outcome for your case.

Here Is What You Should Do during a DUI Stop

If a driver is stopped by the police during a DUI stop in Toronto, it's important to remain calm and comply with the officer's requests. Here are some important steps to take:

  1. Cooperate with the officer: Be polite and courteous with the officer, and provide your license, registration, and insurance when asked.
  2. Stay silent: While it's important to be cooperative, it's also important to avoid incriminating yourself. You have the right to remain silent, and you should exercise that right until you have the chance to speak with a lawyer.
  3. Do not admit guilt: It's important to remember that the police are not your friend during a DUI stop, and anything you say can be used against you in court. Do not admit guilt or make any statements that could be used against you.
  4. Comply with sobriety tests: If the officer asks you to perform a field sobriety test, comply with their request. These tests are designed to detect signs of impairment, and failing them can result in a DUI charge, specifically a “refuse”.. However, you have the right to refuse a roadside breathalyzer test.
  5. Contact a lawyer: If you are charged with a DUI offense, it's important to seek the help of an experienced criminal defence lawyer to help you navigate the legal process and work towards the best possible outcome for your case.

Ways That a DUI Lawyer Can Build a Defence for a DUI Charge

When facing DUI charges in Toronto, it's important to work with an experienced criminal defence lawyer who can build a strong case to defend against the charges. Here are three ways that a defence lawyer can help:

  • Challenge the evidence: A defence lawyer can challenge the evidence against you by investigating the circumstances of the DUI stop and testing procedures. They can also challenge the accuracy of the breathalyzer test or field sobriety test results, and look for any inconsistencies in the police officer's statements.
  • Negotiate a plea deal: In some cases, a defence lawyer may negotiate a plea deal with the prosecutor to reduce the charges or penalties. This could involve agreeing to a lesser charge, such as carelessdriving, or working out a deal to avoid jail time in exchange for community service or attending a substance abuse program.
  • Represent you in court: If your case goes to trial, a defence lawyer can represent you in court and argue your case before a judge and jury. They can present evidence and testimony to support your defence, cross-examine witnesses, and make closing arguments to persuade the jury to find you not guilty.

By working with Titan Defence, you can give yourself a significant chance of successfully defending against DUI charges in Toronto. They can guide you through the legal process, protect your rights, and work towards the best possible outcome for your case.

Contact Titan Defence Today

Being charged with a DUI is a serious matter that can have a significant impact on your life. The legal process can be complex and overwhelming, and seeking legal advice from a qualified criminal law firm is crucial. Titan Defence, a criminal law firm located in Toronto, is dedicated to providing expert legal representation to individuals facing DUI charges. With experienced lawyers and a proven track record, Titan Defence is committed to helping clients navigate the legal system and achieve the best possible outcome in their case. By contacting Titan Defence, you will have a team who will guide you through the process and fight for your rights every step of the way.

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.