DUI Lawyer Vaughan

In Ontario, in addition to being charged under the Criminal Code for Impaired Driving, Ontarians can face penalties under the Highway Traffic Act, starting at $250.00 for a first offence and going up to $450.00 for a third or subsequent. Consequences of a DUI under the Highway Traffic Act can include immediate licence suspensions, a fine, mandatory educational or treatment programs, the impoundment of your vehicle.

All of these consequences highlight the seriousness of a DUI in Ontario. Given the seriousness of a DUI offence, it is important to hire a skilled DUI lawyer in Vaughan if you are charged with a DUI.

Understanding DUI Charges in Vaughan

There are different types of Criminal DUI charges that a person may face in Vaughan Ontario. These include:

• Impaired Driving: Operate a conveyance while your ability to do so it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug.
• Driving over 0.08: Has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood
• Refusal to Comply with testing: knowing that a demand has been made, fails or refuses to comply, without reasonable excuse.

There are also subset to these offences, such as impaired operation causing bodily harm, or operation causing death

For Provincial Offences in Vaughan, there are also fines drivers can face even if they do not blow 0.08, which is the legal limit. This is referred to as blowing in the ‘warn’ range between 0.05 – and 0.079. First time offences will face a 3 day license suspension and $250 penalty. Second time offenders face a 7 day licence suspension and $350 penalty while third and subsequence offenders will face a 30-day license suspension, and a $450 penalty. Second and third time offenders also must undergo education or treatment programs, and third time offenders must get an ignition interlock device installed in their vehicle for 6 months.

Punishments for a criminal DUI charge will vary depending on whether the Crown elects the offence as summary or indictable. For offences proceeded summarily, those pleading guilty to a DUI are liable to a fine of not more than $5,000 and imprisonment of not more than two years less a day. For DUIs proceeded by indictment, offenders are liable to imprisonment for a term of not more than 10 years. For a first offence, regardless of whether it is proceeded summarily or by indictment, a $1,000 fine is mandatory, whereas 30 days imprisonment is required for a second offence, and 120 days for each subsequent offence.

Minimum fines may also increase depending on one’s blood alcohol level. A fine of $1,500 is required if your blood alcohol concentration is equal to or greater than 120 mg of alcohol in 100 ml of blood. If the concentration is equal to or greater than 160mg of alcohol in 100ml of blood, a minimum fine of $2,000 is required.

For those who wish to drive again in Ontario, they must complete the Back on Track Program, which has three components and can take up to 11 months to complete. The three components are an assessment that determines the extent of the drinking and driving problem, education or treatment aimed at preventing drinking and driving and a follow up interview which takes place 6 months after the education to revisit the goals set.

Of course, one major consequence of pleading guilty to a DUI in Ontario is the introduction of a criminal record. Though a person may apply for a record suspension 5 years after their probationary period of a summary offence and 10 years for a indictable offence, the record that results before this time can impact many aspects of a person’s life. Some people are unable to find work in certain fields while they have a criminal record, as certain sectors require employees with no criminal convictions. Further, a record can impact travel to countries such as the United States, who can see if a Canadian has a DUI record.

How a DUI Lawyer Can Help

When fighting a DUI charge, there are numerous advantages to hiring a criminal defence lawyer. A lawyer will provide you with legal advice before they charge you, which will allow you to determine if you would like to continue with their services. A lawyer can also protect you against self-incrimination by allowing you to navigate your conversations with law enforcement. A lawyer will gather evidence, interview witnesses, and retain expert witnesses if necessary to help you reach the best possible outcome. They also will analyze the details of the arrest to view of the traffic stop is lawful and to make sure your rights were upheld upon arrest.

An experienced Vaughan DUI lawyer can challenge the evidence such as the accuracy of the breathalyser and the drug tests, or questioning the officer observations during a field sobriety test. Lawyers also come with a wealth of experience navigating the criminal justice system and court process and can represent you during trial. An experienced Vaughan DUI lawyer will build you a strong tailored defence based on specific case circumstances, as well as help you explore options for reduced charges or a case dismissal.

Qualities to Look for When Hiring a DUI Lawyer in Vaughan

• Experience with Local DUI Cases: Like anything in life, practice of the law makes perfect. If you want the strongest chances of winning your DUI case, finding an experienced DUI lawyer in Vaughan is key.
• Track Record of Successful Outcomes: An experienced DUI lawyer in Vaughan will have various records of the cases they have won. Looking into these cases is valuable for deciding if you wish to proceed with a given lawyer.
• Communication and Transparency: Like any relationship, communication is key. You should feel as if you can talk about your problems and worries with your lawyer, and feel as if they respond adequately to you. Looking at previous experiences and reviews from former clients is helpful in determining the effectiveness of a lawyer’s communication.

Steps to Take Immediately After a DUI Charge in Vaughan

• Do Not Make Any Statements Without a Lawyer: You have the right to remain silent during criminal investigations. Making statements to the police will never be in
• Document Everything: After the incident, make sure to make notes of all the important details, such as the location, officer behaviour, and test results. If anything seems off, make sure to write it down so you don’t forget.
• Contact a DUI Lawyer Right Away: A Vaughan DUI lawyer who is experienced and familiar with the caselaw is invaluable when dealing with a DUI charge. The sooner you can retain a lawyer, the quicker you’ll be able to deal with the charges against you.

Potential Outcomes of a DUI Case

• Case Dismissal: Your case can be dismissed due to insufficient evidence or procedural error. The case may be withdrawn completely or stayed, meaning the Crown can recharge you within a year.
• Acquittal in Court: You may be found not guilty after a trial after presenting a solid defence of your innocence.
• Plea Bargain: Instead of trial, you may alternatively try to reduce charges to a non-criminal offence, such as careless driving, or negotiation fine amounts under the offence you are charged with. Note that some charges have a mandatory minimum fine.
• Conviction: Of course, it is always possible you could be convicted. Speaking to a Vaughan DUI lawyer will be important for understanding the penalties and potential long-term consequences of a conviction.

Conclusion

A DUI is a serious offence with potential penalties including fines, licence suspensions and even imprisonment. In addition, those with a DUI will have a criminal record which can affect employment and travel. It is important to find a DUI lawyer in Ontario who can guide you through the process after arrest and help find the defences that best assist you in your situation to avoid the consequences of a DUI.