DUI lawyer in Toronto

What is a DUI (Impaired Driving) charge in Toronto?

Driving under the influence (DUI) or impaired driving charge is quite serious in Toronto. A DUI charge means that the police believe you were under the influence of drugs, alcohol or a combination of the two while operating a motor vehicle.

While there are various kinds of DUI charges (see below), Crown prosecutors tend to follow through on these charges unless there is some fatal flaw with their case. Due to this trend, it is crucial to understand what evidence the Crown has against you and which defence strategy is best for your case.

Understanding the types of DUI charges in Toronto

Impaired Driving

Impaired driving includes operating a vehicle while impaired by alcohol, drugs or a combination of the two. An individual may be impaired even if their consumption of alcohol or certain drugs is below the legal limit; it matters if the influence of alcohol, drugs or both has compromised their ability to drive.

Over 80

Under subsection 320.14(1) of the Criminal Code, individuals found “driving over 80”, or more accurately, “driving over 79”, must have a blood alcohol concentration (BAC) that is equal to or over 80 mg of alcohol per 100mL of blood are operating a vehicle over the legal limit.

To determine that an individual is driving over 79, an individual must have done the following:

• Consumed alcohol
• Operated a vehicle
• Been given a breathalyzer test
• Their BAC was over 0.79 mgs

Over the Legal Drug Limit

Under paragraph 320.14(1)(c) of the Criminal Code, individuals operating a vehicle with a blood drug concentration equal to or over the legal limit prescribed for that particular drug will be charged with operating a vehicle while impaired. For cannabis, the type of offence and prescribed limits vary:

• Summary Offence: It is a summary offence to have a blood drug concentration for tetrahydrocannabinol (THC) of 2 ng per mL of blood.
• Hybrid Offence #1: It is a hybrid offence to have a blood drug concentration equal to or over 5 ng per mL of blood.
• Hybrid Offence #2: It is also a hybrid offence to have a blood alcohol concentration of 50 mg of alcohol per 100 mL of blood and a blood drug concentration for THC of 2.5 ng per mL of blood.

Refusing a Blood Sample or Refusing a Breathalyzer

Even if you are not impaired, it is a criminal offence to refuse to provide a breath or blood sample when requested by the police. Refusing to comply with one of these demands may lead to further charges of impaired driving as the police cannot ascertain your blood alcohol or blood drug concentration.

Care & Control

Even where you are not physically driving, you may still be in the care and control of a vehicle. If, for example, you are sitting in the driver’s seat or standing nearby the vehicle, that may be considered care and control. An individual may be charged with driving while in care and control:

• If you are in care and control of that vehicle; and
• If alcohol, drugs, or a combination of the two impair your ability to operate the vehicle.

Underage impaired driving

It is no secret that youth drivers have higher rates of accidents than other driver classes. This statistic is partly due to a greater prevalence of DUI incidents among youth drivers.

Drivers under 21 or a person of any age with an M1, M2, G1 or G2 licence cannot have any alcohol or drugs in their system. Ontario takes a “zero tolerance” or “zero BAC” approach to underage impaired driving, meaning drivers will be subject to additional fines and penalties in addition to those applicable to impaired driving.

When should I contact a Toronto DUI lawyer?

DUI charges can be pretty complicated to navigate. It is always wise to contact a Toronto DUI lawyer after you have been arrested with a DUI to discuss your case before the police lay charges. If the police have arrested you with a DUI, Book a Free Consultation with us to discuss your case.

What are the legal penalties and consequences for DUI in Toronto?

The penalties for a DUI conviction are severe and will affect your life for years to come. The penalties for a DUI conviction may include the following:

• Criminal Record: You will have a permanent criminal record which will affect your employment and immigration status as well as your ability to travel.
• Employment: In addition to the possibility of losing your job, it will be challenging to gain new employment, given that you must disclose your criminal record.
• Immigration: You may face possible deportation.
• Travel Restrictions: You may be unable to travel to certain countries with a criminal record.
• Publicity: Your case and conviction may be reported publicly, affecting your personal and professional life.
• Fines: Mandatory minimum fine of $1000-$2000
• Possible jail time: Maximum of 10 years imprisonment
• Probation: Even if you don’t serve jail time, you may be subject to a probationary period with certain conditions.
• Mandatory education or treatment programs: In Ontario, drivers must complete the Back on Track program at a minimum.
• Licence suspension: 1 year
• Ignition interlock device: Once the Ministry of Transportation reinstates your licence, you may be required to install an ignition interlock device in your vehicle to drive. This device has a built-in alcohol breath screening device which will preclude your engine from starting if it detects alcohol in your system.

How can a Toronto DUI lawyer help?

A Toronto DUI lawyer can devise the best strategy for approaching your case and see it through from beginning to end. Additionally, a Toronto DUI lawyer can assist in negotiating your case with the Crown prosecutor and possibility secure a plea bargain to a lesser charge or get the charges dropped altogether.

FAQs

Can you go to the U.S. if found guilty of a DUI?

According to the U.S. Customs and Border Protection Agency, a single DUI conviction will not render you ineligible to cross the U.S. border. However, multiple DUI convictions or a DUI conviction combined with other charges may make you ineligible to go to the U.S.

Can a DUI impact your immigration status?

Unfortunately, a DUI conviction can significantly impact your immigration status and ability to remain in Canada. A DUI is a serious criminal offence as it carries a maximum term of imprisonment of 10 years. Even where the Crown prosecutes a DUI charge summarily, the offence will be considered indictable for immigration purposes.

For those individuals who are permanent residents or foreign nationals, a DUI conviction would mean you are inadmissible to Canada on the ground of serious criminality.

Given the consequences of a criminal conviction for permanent residents, it may be wise to plea to a (lower) provincial careless driving charge to avoid a criminal record and possible deportation.

What are the chances of getting a DUI dismissed in Toronto?

Crown prosecutors in Toronto tend not to dismiss DUI charges unless there is some fatal flaw in their case, leading them to have no reasonable prospect of conviction. Some issues that may lead the Crown to do so are:

• Lack of evidence
• Unreliable evidence
• Robust evidence in the accused’s defence

Will you need to attend a DUI class in Toronto?

In Ontario, drivers must complete the Back on Track program following a DUI conviction under the Highway Track Act to get their license back. This program requires participants to:

• Not Use or show signs of an odour of alcohol or drugs within 24 hours of any day you participate in the program.
• Attend and participate fully in all scheduled sessions of the program.
• Provide 24 hours notice if you cannot attend a session due to serious illness, a death in your immediate family or severe weather. Proof of your reason for absence may be required. You will be required to make up the missed session at a later date.
• Demonstrate respect for the program and its administrators.
• Give accurate information during the program.

What happens next after a person is arrested for DUI in Toronto?

Following an arrest for a DUI charge, the police will bring you to the police station for processing. The police may request further testing, such as a breath or blood sample, at this time. You must provide the police with these samples when requested, as it is a crime to refuse to do so.

A DUI is different from other criminal offences in that there are immediate sanctions from the time of your arrest. These include:

• 7-day vehicle seizure: The vehicle owner will be responsible for the costs of the police towed and storing the vehicle for the 7-day period.
• 90-day licence suspension: Following the 90-day period where the individual cannot drive any motor vehicle on roads in Ontario, the driver can apply to reinstate their In Ontario, this will cost $280 plus applicable free for written and road tests if you are required to take them.
• No accident cover­age: Given that insurance policies prohibit drivers from committing criminal acts while operating a vehicle, any individual who is arrested for impaired driving will not be able to claim accident coverage.
• $550 penalty.

Regardless of whether you are ultimately convicted of a DUI, these penalties will remain in force.

What are the penalties for those found guilty of a DUI charge in Toronto?

The following are the mandatory minimum penalties for those convicted of a DUI charge in Toronto:

	First Offence	Second Offence	Third and Subsequent Offences
Fines	BAC 80-119: $1000 BAC 120-159: $1500K BAC 160+: $2000K
	Refusal to comply with a demand for a sample: $2000
Driving Prohibition	12 months	24 months	36 months
Jail Time		30 days	120 days
	*All DUI charges carry a maximum imprisonment penalty of 24 months less a day for summary conviction and 10 years if prosecuted by indictment.

 

To learn more about the penalties of a DUI conviction, visit the Government of Canada’s Impaired Driving Laws webpage.

What are the consequences of a conviction for a drinking and driving charge in Toronto?

Given the seriousness of drinking and driving, the following consequences will result from a conviction:

• Criminal Record: You will have a permanent criminal record which will affect your employment and immigration status as well as your ability to travel.
• Fines: Mandatory minimum fine of $1000-$2000
• Possible jail time: Maximum of 10 years imprisonment
• Mandatory education or treatment programs: In Ontario, drivers must complete the Back on Track program at a minimum.
• Licence suspension: 1 year
• Ignition interlock device: Once the Ministry of Transportation reinstates your licence, you may be required to install an ignition interlock device in your vehicle to drive. This device has a built-in alcohol breath screening device which will preclude your engine from starting if it detects alcohol in your system.

What is the maximum BAC or blood alcohol concentration level?

An over 80 charge means having a blood alcohol concentration (BAC) equal to or over 80 mg per 100 mL of blood. This measurement is over the legal requirements for alcohol while driving.

However, an individual can be charged with impaired driving with a BAC of less than 80 mg per 100 mL of blood because their ability to drive can still be compromised despite a lower BAC reading.

Thus, while the legal limit for alcohol is up to 79 mg per 100 mL of blood, an individual can be charged with impaired driving with any BAC. As such, everyone must exercise caution while drinking if planning to later drive.

What are the common defence strategies used for a DUI charge?

There are many strategies that an experienced Toronto DUI lawyer can utilize to defend your DUI charge, including:

• Disputing reasonable suspicion: The police require reasonable suspicion that an individual is impaired and has been operating a vehicle within the preceding 3 hours. If the police did not have reasonable suspicion, there may be grounds to challenge the demand for a breath or blood sample.
• Challenging the legality of the stop: If the police did not stop you to investigate impaired driving, licencing, insurance or motor vehicle fitness, they might not have had grounds to stop your vehicle.
• Questioning the Field Sobriety Tests: There may have been some other reason that caused you to fail the tests, such as a medical condition.
• Challenging the timing of the approved screening device (ASD) demand: The police may not have demanded a breath or blood sample “as soon as practicable.”
• Challenging the timing of collecting samples: The police may have delayed collecting the samples after making the demand or not waited 15 minutes to collect the samples when required to do so.
• Challenging the grounds for arrest: The police may not have had reasonable and probable grounds to make the arrest.
• Challenging the operability of the ASD: The ASD may not have been properly calibrated.
• Submitting a Charter application: Your Charter rights may have been breached in a number of ways, including:
  • Section 8: Your right to be secure against unreasonable search and seizure.
  • Section 9: Your right not to be arbitrarily detained or imprisoned
  • Section 10(b): Your right to counsel.
  • Section 11(b): Your right to be tried within a reasonable time.

How much does it cost to hire a DUI lawyer in Toronto?

The cost of hiring a DUI lawyer in Toronto can vary depending on their level of expertise and the complexity of your case. If your case goes to trial, the fees will be higher, given the required research and preparation.

To learn more about our fees, Book a Free Consultation today.

Is it possible to remove a DUI from a person’s record?

A DUI conviction will remain on your criminal record permanently unless you apply for and are granted a record suspension (pardon). A DUI on your criminal record can hinder job searches, as many employers will require you to disclose criminal convictions during the application process.

You are eligible for a record suspension (pardon) when you meet the following requirements:

• All of your fines and penalties have been paid.
• Any imprisonment and conditional sentences (including parole and statutory release) have been served.
• Any probation orders have lapsed.
• If your DUI conviction was a summary (less serious) offence, you may apply 5 years after you have completed all your sentences.
• If the DUI conviction was an indictable (more serious) offence, you may apply 10 years after you have completed all of your sentences.

To apply for a record suspension, follow the Government of Canada webpage steps and complete the Record Suspension Application Form.