Oshawa DUI Lawyers

Driving Under the Influence (DUI), or drunk/impaired driving, is a hybrid criminal offence covered under Section 320.14 of the Criminal Code of Canada.

An individual may be charged with DUI if the police believe them to have operated a conveyance, such as a motor vehicle, while under the impairment of alcohol or drugs.

The consequences of a DUI conviction can be serious, with not only financial impacts but also personal and legal. For example, you may lose your right to drive your vehicle, which may have various impacts on your personal life, such as being unable to go to work and increased insurance premiums. There are also penalties consisting of a minimum fine of $1,000 and the possibility of imprisonment, depending on the circumstances of your charge.

DUI offences can be complex, which is why it is of vital importance to hire a competent, qualified DUI lawyer in Oshawa to help fight your case.

Role of a DUI Lawyer in Oshawa

Once you have been charged with a DUI offence, getting in contact with a criminal defence lawyer is important. Upon retention, our lawyers will order the initial disclosure package from the Crown Prosecutor to start working on obtaining your bail with as minimal conditions as possible.

We will then work towards gathering and analyzing all applicable evidence in order to develop an effective defence strategy. With the adequate legal knowledge and skills our criminal defence lawyers possess, they will challenge evidence and negotiate with prosecutors to reduce your charges or work towards a case dismissal. Our lawyers understand that navigating through the criminal justice system and court process can be challenging. Our experienced DUI lawyers will guide you through each stage of your case, from obtaining bail to representing you in court.

Get in contact with one of our criminal defence lawyers to book a free consultation to learn more about how they can help with your DUI charge.

How to Choose the Right DUI Lawyer in Oshawa

Once you have been charged with a DUI offence, it is important to choose the right impaired driving lawyer in Oshawa to fight your case. With so many qualified lawyers in Oshawa, it can be challenging to find which one to choose. It is important to research what each lawyer offers for you and to make an informed decision, as this will impact the results of your DUI charge.

DUI offences are complicated and highly technical, which is why it is important to hire a competent lawyer. When choosing an Oshawa DUI lawyer, it is important to consider their experience, seniority, and success rate in DUI cases.

A reputable lawyer may come with higher fees, but it is important to note that there is a reason they have earned that reputation. You can always go online and find past client testimonials to verify if the lawyer has what you are looking for.

When going in for your initial consultation, you should prepare some questions to ask the lawyer regarding their experience and what they have to offer you.

The following is a list of some potential questions to consider when looking for a DUI defence lawyer in Oshawa:

• How many DUI cases has the lawyer handled in their career, and what is their success rate?
• What legal strategy will they implement when fighting your DUI charge?
• What are the fees for obtaining them as your legal representation?

Benefits of Hiring a Local DUI Lawyer in Oshawa

Hiring a local DUI lawyer in Oshawa comes with many benefits. Local lawyers will have greater insight and knowledge of Oshawa-specific legal procedures. Local lawyers may have also built important relationships throughout their careers with locals, such as law enforcement and court officials, which may be beneficial when fighting your DUI charge.

With the familiarity of the local rules and regulations, an Oshawa criminal defence lawyer will be better able to provide a tailored legal strategy to fight your DUI charge. With the personalized services our lawyers offer, they will be able to curate defences to aid in defeating your DUI charge.

Costs of Hiring a DUI Lawyer in Oshawa

The costs of hiring a DUI lawyer in Oshawa vary depending on various factors, such as the complexity of your case, seniority, experience, and success rate. With a higher success rate and seniority, a lawyer will have a greater chance of beating your DUI charge, which will drive up their legal fees.

Our criminal defence lawyers utilize the Flat Rate Billing model when quoting a price to fight your charge. Through this model, a lawyer will predetermine what your total fees will be in advance. You will then receive a quote for both the overall expected fees and a breakdown of the flat rate fees for various portions along the way.

Below are three price ranges lawyers will typically fall under; however, these are rough estimates of what cost to expect, as your cost will vary depending on the specifics of your case. It is important to ask your lawyer what services they will render for your DUI case. Oftentimes, higher-paid lawyers bring more value when defending DUI cases:

• Junior Lawyers: Relatively newer lawyers with up to 5 years of experience defending DUI charges. Junior lawyers typically charge between $3,000 – $7,000 for a basic DUI case.
• Mid-level Lawyers: With between 5 to 15 years of experience handling DUI charges, these lawyers have a comfortable grasp of legal issues and courtroom procedures. Mid-level lawyers typically charge around $10,000 – $15,000, give or take $2,500, for a basic DUI case.
• Top-end Lawyers: With over 15 years of experience, these lawyers have seen high demand due to their high success rate. With a higher likelihood of beating your DUI charge, top-end lawyers typically charge between $15,000 – $20,000 for a DUI case.

Once you have chosen a lawyer, you will have to pay an initial retainer fee which consists of roughly one-third of the total cost. Upon payment, the lawyer will initiate work on fighting your DUI charge.

What to Expect During the DUI Legal Process in Oshawa

Once you are pulled over by the police, if they reasonably suspect that you are impaired, a series of roadside tests will take place. The police will use observations such as slurred speech, imbalance, and the smell of alcohol alongside other roadside tests to determine if they reasonably believe that you are intoxicated.

If they deem you to be impaired, an arrest will be made, and the driver will be taken back to a police station, at which point the driver will undergo a series of further screenings. Screening devices, such as the breathalyzer device, will be used to dictate if the driver is impaired by determining if the individual’s blood alcohol concentration (BAC) level is above the legal limit of 80 mg of alcohol in 100 mL of blood.

After the arrest is made, the police will generally provide the individual with a Promise to Appear. A Promise to Appear is a notice at a future date, requiring the accused to attend for fingerprints and a photograph. Should the individual not attend, further criminal charges may ensue. The police may further provide an Undertaking outlining any specific conditions and prohibitions that are to be followed, such as a prohibition on alcohol consumption or prevention from leaving the province.

An individual can be released from detention as soon as 24 hours after their arrest following a formal bail hearing. During your detention period, no one except for your lawyer is permitted to contact you and the police must present you with an opportunity to privately contact your lawyer. Should you choose to contact your lawyer, all further police questioning must halt until you have exercised this right.

With the aid of one of our skilled criminal defence lawyers, you will be provided with guidance on navigating your conversations with the police as well as through the legal process. Upon retention, our lawyers will request the disclosure package containing all the evidence gathered by the police and will start working on obtaining a bail release for you with the least stringent bail conditions possible. If a bail release is granted, it is important to follow all the outlined bail conditions to avoid any further consequences and charges.

Once your lawyer has examined all the evidence provided in the disclosure package, pre-trial discussions will be pursued with the Crown Prosecutors in an attempt to negotiate a resolution. If a resolution is reached between the Crown Prosecutors and your lawyer, there will be no need to go to trial. However, if this is not the case, our lawyers will represent you in trial and strategically utilize applicable defences to gain the best possible outcome for your DUI offence.

Frequently Asked Questions (FAQs) About DUI Charges in Oshawa

What are common defences used in DUI cases in Oshawa?

Our lawyers understand that each DUI case is different. Our lawyers tailor their defence strategy to the specific circumstances of your case in order to reach the best possible outcome. Below are some common defences utilized by our lawyers in fighting a DUI case:

• Certificate of Analyst: Through applying this defence, our lawyers will challenge the validity of the BAC levels obtained through the breath sample test. Incorrect equipment operation or use of faulty equipment to attain the BAC levels are some examples of evidence indicating the invalidity of the test results.
• Identity: When applying this defence, our lawyers challenge the validity of the accused being the perpetrator of the DUI offence. Our lawyers will use alibi, eyewitnesses, fingerprints, video surveillance, DNA, and any other applicable evidence when employing this defence strategy to beat your DUI charge.
• Substance Was Consumed After Driving: If it can be proved that you consumed the impairing substance after the vehicle was driven, there would be no reasonable grounds for the police to believe that a breath/blood sample was required, in which case our lawyers can successfully bring forth this defence in overcoming your DUI charge.
• Necessity: When no other reasonable alternative is available in a situation where, for example, there is an immediate risk of harm to either you or your passengers, this defence may apply.
• Breach of Charter Rights: If before, during, or after your arrest or investigation, your rights and freedoms were violated by the police, this defence would apply. Utilizing Section 24(2) of the Charter would result in the exclusion of some or all of the evidence gathered by the police against you.

How long does it take to resolve a DUI case in Oshawa?

The time for resolving a DUI case can vary depending on a number of factors, however, typically most cases can be resolved from anywhere between a few months up to a year.

Can I avoid a criminal record for a DUI charge in Oshawa?

There are many alternatives to pleading guilty to a DUI charge. Our lawyers will work to negotiate with the Crown Prosecutors for a dismissal of the charge or for an alternative resolution. Obtaining a complete or conditional discharge may allow you to avoid DUI charges from registering on a criminal record. Book a consultation to speak with one of our lawyers to discuss the specifics of your DUI charge further.

Contact An Oshawa DUI Lawyer Today

Hiring a competent and qualified DUI lawyer in Oshawa can mean all the difference in defeating your DUI charge. With more experience and a higher success rate, you will increase your chances of defending your DUI offence to obtain the best possible outcome. When you are unsure about any aspect of your DUI charge, it is important to seek professional legal assistance to protect your rights. Speak with one of our criminal defence lawyers to minimize the impact of your DUI charge. Our local DUI lawyers will tailor a personal defence strategy for beating your DUI charge.