Hamilton DUI Lawyers

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

Driving under the influence (DUI) or impaired driving charge is quite serious in Hamilton. 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 Hamilton

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 Hamilton DUI lawyer?

DUI charges can be pretty complicated to navigate. It is always wise to contact a Hamilton 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 Hamilton?

Much like in other areas of Ontario, the penalties for a DUI conviction in Hamilton 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 Hamilton DUI lawyer help?

It is important that your lawyer understand the nuances of defending your DUI in Hamilton. A Hamilton DUI lawyer can devise the best strategy for approaching your case and see it through from beginning to end. Additionally, a Hamilton DUI lawyer can assist in negotiating your case with the Hamilton Region Crown prosecutor and possibly secure a plea bargain to a lesser charge or get the charges dropped altogether.

FAQs

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

The cost of hiring a DUI lawyer in Hamilton can vary depending on their level of expertise and the complexity of your case. Nonetheless, some factors that can influence the cost of defending your DUI are:

• Amount of Disclosure: If your case has a great deal of disclosure, including the review of witness statements, videos and expert reports, the cost tends to be higher.
• Trial: If your case goes to trial, more research and preparation will be required. As a result, the cost of your case may be higher.
• Experts: If your case requires the hiring of experts, such as a private investigator, then the cost will tend to be higher.
• Overall complexity: If your case involves novel issues or other aspects that might require more research than the average DUI case, it may affect the cost of a DUI lawyer.

To learn more about our fees for your particular case, Book a Free Consultation today.

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

Like other regions in Ontario, Hamilton Region Crown prosecutors 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 Hamilton?

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 Hamilton?

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 Hamilton?

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

	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 Hamilton?

Like in any other area of Ontario, the following consequences will result from a DUI conviction in Hamilton:

• 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