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Why You Should Hire a DUI Lawyer

 

DUI (Driving Under the Influence) lawyers, also known as DWI (Driving While Intoxicated) lawyers or OUI (Operating Under the Influence) lawyers, specialize in providing legal representation and guidance to individuals who have been charged with driving under the influence of alcohol or drugs. Here's some information about DUI lawyers:

  1. Legal Expertise: DUI lawyers have in-depth knowledge of DUI laws, regulations, and procedures specific to the jurisdiction in which they practice. They understand the legal consequences, potential penalties, and the intricacies of DUI cases.

  2. Defense Strategies: DUI lawyers analyze the details of a client's case to build a strong defense strategy. They may challenge the legality of the traffic stop, the accuracy of breathalyzer or blood test results, or the conduct of law enforcement officers. They aim to protect their client's rights and minimize the potential consequences.

  3. Legal Advice and Guidance: DUI lawyers provide legal advice to their clients, explaining the potential consequences of a DUI charge and guiding them through the legal process. They help clients understand their rights, options, and potential outcomes.

  4. Negotiations and Plea Bargaining: In some cases, DUI lawyers may negotiate with prosecutors to reduce charges or negotiate plea bargains for lesser penalties. They use their knowledge and experience to advocate for the best possible outcome for their clients.

  5. Court Representation: DUI lawyers represent their clients in court proceedings, including arraignments, pre-trial hearings, and trial. They present arguments, cross-examine witnesses, and provide a strong defense to challenge the prosecution's case.

  6. Administrative Procedures: DUI charges often involve administrative processes, such as driver's license suspension or revocation. DUI lawyers can help clients navigate these procedures and represent them in administrative hearings to protect their driving privileges.

  7. Expert Witnesses: In complex DUI cases, lawyers may consult or bring in expert witnesses such as toxicologists or accident reconstruction specialists to provide testimony that supports the defense strategy.

  8. Knowledge of Local Laws: DUI laws can vary by jurisdiction. DUI lawyers are familiar with the specific laws, regulations, and legal precedents in the jurisdiction where they practice.

  9. Support and Advocacy: DUI lawyers provide emotional support and advocacy for their clients throughout the legal process. They work to protect their client's rights and strive for the best possible outcome in their case.

If you or someone you know is facing a DUI charge, it is crucial to consult with a qualified DUI lawyer who can provide personalized legal advice and representation based on the specific circumstances of the case.

 

First Offence:          

  •     First offence, with blood alcohol content of 80-129 mg: mandatory minimum $1,000 fine
  •     First offence, with blood alcohol content of 130-159 mg: mandatory minimum $1,500 fine
  •     First offence, with blood alcohol content of 160 mg or more: mandatory minimum $2,000 fine
  •     First offence, but refuse to be tested: mandatory minimum $2,000 fine
  •     Mandatory education or treatment program
  •     Mandatory Ignition Interlock period of at least 9 months
  •     Prohibited from Operating a motor vehicle of any kind within Canada for a minimum of 1 year, subject to the ignition interlock program


Second Offence:    

  •     Mandatory education or treatment program
  •     3 year minimum requirement to drive a car equipped with an ignition interlock device; subject to the Stream D program
  •     mandatory minimum 30 days imprisonment
  •     Fine amount at the discretion of the judge
  •     Licence suspended for minimum 3 years by the Ministry of Transport; subject to the Stream D program
  •     Minimum 2 year prohibition on operating a motor vehicle anywhere in Canada, even if they don’t require a driver’s license


Third and subsequent Offences:
 

  •     Mandatory education or treatment program
  •     Variable interlock periods (depending on sequence of prior convictions)
  •     mandatory minimum 120 days imprisonment
  •    Lifetime licence suspension (can be reduced to 10 years if certain conditions are met on the third conviction; on fourth or subsequent conviction lifetime suspension with no possibility of reduction)

DUI Lawyers Ontario Frequently Asked Questions | 1-877-497-3927 / 24 hours

  • Fail To Provide Sample

    Your legal jeopardy has to be clearly explained to you and, in situations where multiple attempts to provide a sample were made, you must be informed about your “last chance” before being charged.

    Where a motorist is deemed to have “refused” to provide a sample due to various failed attempts the Crown also has to show that the device was in working order.

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  • Charged With Impaired

    The real issue in these cases is not whether you are “impaired” in any way but rather whether the Crown can prove beyond a reasonable doubt that your ability to operate a motor vehicle is impaired.

    Sometimes there may be an innocence explanation for irregular driving such as fatigue, illness or distraction. Other times evidence of bad driving might be offset by a review of the police station video which betrays no obvious signs of impairment.

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  • Charged With Over 80

    There are multiple and sometimes very technical defences to this charge. Apart from operator error or machine malfunction, which can revealed through a careful analysis of breath device records, these cases are often successfully defended based on investigative lapses or constitutional violations. It is a criminal offence to operate a motor vehicle while your blood alcohol level is over the legal limit of: 80 milligrams of alcohol in 100 millilitres of blood.
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  • RIDE Spotchecks

    Although the law sanctions the arbitrary detention of motorists to conduct sobriety checks you are not obliged to incriminate yourself when questioned about drinking. This is because you are detained and haven’t been provided with your right to counsel. Although any statements you make in such circumstances can’t be used against you at trial that’s cold comfort at the roadside because an admission of consumption is admissible for the purposes of an officer’s grounds to make a demand for a roadside breath demand. That demand as well as the test must both be done promptly however to withstand constitutional scrutiny.
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  • DUI of Narcotics

    The “free ride” for those driving while under the influence of drugs is now also over. Currently the police have the power to demand a suspect accompany them to the station for a drug evaluation test where they suspect impairment by drugs. Legislation is now also in the works to implement roadside technology to test for drug impairment that would be a similar tool to a breathalyzer, which measures blood alcohol levels. The obvious defence in these cases is whether the officer conducted such tests properly and whether he is properly qualified to render an expert opinion on sobriety
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  • Care & Control - Impaired

    You had a few drinks, thought you were OK to drive but then you realize that you need to wait a bit before driving, you thought you were doing the right thing?

    You don’t actually have to be driving a motor vehicle to be charged with “DUI”.

    You can be arrested simply if you are behind the wheel of a parked car but the Crown will have to show that the vehicle was operable and that there was a real risk of danger that you would set the vehicle in motion.

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  • Criminal Record

    If you are convicted of drinking and driving, your fingerprints and photographs will be retained by the RCMP in Ottawa.

    A conviction also means you will have a criminal record which will show up when police run a check and that can hurt your employment opportunities as well as your travel plans.

    Sometimes travelers are stopped at the border due to an old conviction. They are stunned to discover that they need to apply for permission to cross.

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  • Winning DUI Charges

    Recent Successes At the Impaired Driving Defence Centre, Christopher A. Avery takes your privacy very seriously. He also understands the curiosity of potential clients regarding our track record. For these reasons we have changed identifying details of the below cases in order to protect our clients’ privacy. We do not post the reported decisions of our clients’ cases as they are findable on a google search by name if I reproduce them here.

    View Our Winning record

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  • Freedom To Travel

    When it comes to immigration, criminal records can make a huge difference on your ability to remain in the country or your ability to travel to another country in the first place. Sometimes travelers are stopped at the border due to an old conviction. They are stunned to discover that they need to apply for permission to cross due.....
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