Kitchener DUI Lawyers

Driving Under the Influence (DUI) charges in Kitchener are serious offences that carry significant legal and financial repercussions.

Governed by the Ontario Highway Traffic Act and the Criminal Code of Canada, these charges can result from operating a vehicle while impaired by alcohol or drugs, having a blood alcohol concentration (BAC) over 0.08%, or refusing to provide a breath sample.

The importance of securing a qualified DUI lawyer if charged cannot be overstated. A skilled lawyer can navigate the complexities of DUI laws, challenge evidence, and advocate on your behalf to potentially reduce charges or penalties.

The impact of a DUI charge on a person’s life is profound, encompassing legal consequences such as fines, license suspension, and possible imprisonment. Financially, individuals face substantial costs, including legal fees and increased insurance premiums, along with the potential for job loss. Additionally, a DUI conviction results in a criminal record, which can affect future employment opportunities and travel.

Given these far-reaching consequences, professional legal representation is essential to mitigate the impact of a DUI charge.

Overview of DUI Charges in Kitchener

DUI charges, classified in Canada as “Impaired Driving” or “Over 80” charges, are covered under section 320.14(1) of the Criminal Code.

There are four main types of DUI charges.

• The first is impaired driving, which is when a driver is suspected to be intoxicated by drugs (legal or illegal) while driving.
• The second is driving while having a blood alcohol concentration level of 80 mgs in 100 ml of blood.
• The third type of charge is refusing to provide a breath sample or blood sample to an officer.
• The fourth is impaired care and control, which is when an impaired individual has control of a vehicle even if it is not in motion.

Impaired driving and over 80 charges are serious offences in Canada, and they can often result in jail time, even for a first offence. Offences under s.320.14(1) of the Criminal Code are hybrid offences. This means that depending on the circumstances of the case, the Crown can elect to proceed either summarily or by indictment.

Depending on whether the Crown elects to proceed by indictment or summarily, the maximum punishments for impaired driving include:

1. Indictment

• • Impaired driving: Up to 10-years imprisonment;
  • Impaired driving causing bodily harm: Up to 14-years imprisonment;
  • Impaired driving causing death: Up to life imprisonment.

2. Summary

• • Impaired driving: Up to 2-years less a day imprisonment;
  • Impaired driving causing bodily harm: Up to 2-years less a day imprisonment.

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 applied 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 applied.

A major consequence of a criminal DUI is a driving prohibition. For a first offence, the prohibition is at least one year long, with a maximum time of three years. A DUI will also have an impact on your driving record, in which the conviction will be shown. This can lead to an increase in insurance rates and premiums, which can have a long-term effect.

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.

Another 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 for a summary offence and 10 years for an 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, which can see if a Canadian has a DUI record.

At Defend Your DUI, we have developed a very strong focus on defending drug and alcohol-related driving offences. Collectively, our team has defended thousands of impaired driving charges, and we have the experience and knowledge needed to provide you with sound advice on the best way to handle your matter.

Why You Need a DUI Lawyer in Kitchener

Hiring a criminal defence lawyer in Kitchener to defend against a DUI charge provides many benefits, starting from pre-charge legal advice. It is important that you understand your rights under the Canadian Charter of Rights and Freedoms when interacting with law enforcement, and a criminal lawyer can provide information relating to unreasonable search and seizure, arbitrary detention, and unlawful arrest.

A lawyer can also advise you on your right to remain silent to help protect against any potential self-incrimination.

A criminal defence lawyer will obtain the police information (disclosure) package, which will outline the case and evidence against you. A lawyer can also provide help with gathering evidence, interviewing witnesses, and retaining experts.

Your lawyer will review the information and discuss the case with you and the Crown Prosecutor. When meeting with the prosecutor, a criminal defence lawyer will raise legal arguments as to why they should reduce the severity of your potential sentence or even convince them that your case should be dismissed. If a resolution is not met, a lawyer will help you navigate the criminal justice system and the court process and provide you with representation at your criminal trial.

An experienced DUI lawyer will also know which defences apply to your particular circumstances. Some examples of DUI defences include:

• Legality of the Stop: You have various rights during a traffic stop and arrest. Make sure to review the sequence of events with your lawyer that you were provided with all your Charter rights through your interaction with the police.
• Breathalyzer accuracy: Like any technology, breathalyzers and blood tests need to be maintained to work properly. If they are not maintained correctly, the results may be inaccurate and result in false results. A defence lawyer may seek out records to determine the maintenance history of these devices to see if false results are possible.
• Procedural errors: The Charter sets out your rights and freedoms before and after your arrest. If the police fail to abide by these rights deliberately or inadvertently, it could aid in your defence. If any of your Charter rights have been violated before or after your arrest, you may be able to have some or all of the evidence that the Crown is relying on to secure a conviction excluded under s. 24(2) of the Charter.

Impaired driving is a technical and complicated area of the law. There are constant changes being made to the law, and thus, it is crucial that you have the best representation on your side. An experienced DUI lawyer can help you navigate complex legal issues, protect your rights, and create a strong defence based on the particulars of your case.

Qualities of a Good DUI Lawyer in Kitchener

Several key qualities are essential for effective representation when seeking an impaired driving lawyer in Kitchener.

First and foremost, look for a lawyer with extensive experience and specialization in DUI cases. This expertise ensures they are well-versed in the nuances of DUI laws and defence strategies specific to Ontario.

Thorough knowledge of local Kitchener courts, judges, and prosecutors is also crucial, as this familiarity can be advantageous in navigating the legal system and negotiating favourable outcomes.

Strong communication skills are vital; your lawyer should be able to clearly explain complex legal concepts, keep you informed throughout the process, and be readily available to address your concerns.

Additionally, prioritize a lawyer with a proven track record of successful outcomes in DUI cases, which may include charge reductions, case dismissals, or favourable plea bargains. This track record demonstrates their ability to effectively defend clients and achieve positive results in challenging circumstances. Positive client testimonials and reviews are helpful in this regard, and they can show you which lawyers will provide effective communication and reliability in defending your DUI.

By choosing a Kitchener DUI lawyer who embodies these qualities, you increase your chances of securing the best possible outcome for your case.

The DUI Legal Process in Kitchener

Once you have been charged with DUI, the Crown must prove two elements beyond a reasonable doubt in order to convict you. It must be shown that you were operating a conveyance, regardless of whether it was in motion, and that you did so while under the influence of alcohol or drugs. If your actions result in serious harm occurring to others, the charges laid against you may become more severe.

There are several different scenarios which can lead to an arrest under DUI:

• An arrest may occur at a routine police stop/check-stop
• The police may arrest individuals at the scene of an accident
• When a driver is pulled over/pursued by police
• A witness may report/complain to the police

Many Waterloo Regional Police officers have started utilizing In-Car Digital Video (ICDV) and body cameras, which commonly record an individual’s driving. The footage gathered from these cameras may be used as evidence for or against your charge. For example, it may show a lack of impairment based on your driving, which may aid in defending your impaired driving charges. An experienced DUI lawyer can secure and review this evidence and guide you on how to proceed with your charge.

Once an officer has stopped you, a trained evaluating officer will conduct a field sobriety test to determine whether you are impaired and to what extent. Waterloo Regional Police have recently introduced a Mandatory Alcohol Screening pilot project, where officers from the Traffic Services Unit will now conduct mandatory alcohol screening as a part of every traffic stop. The officer may check if you or your car smells of drugs or alcohol, and you will be asked to blow into a roadside breathalyzer device. Failure of the test or refusal to blow into the breathalyzer may result in charges being laid for DUI and your immediate arrest.

Once you have been detained for failing to pass the breathalyzer test, two more breathalyzer samples will be required to determine your blood alcohol concentration. You may be charged with “over 80” if the breathalyzer values your blood alcohol concentration to greater than or equal to 80 mg of alcohol in 100 mL of blood.

Following this, the police may release you with an Appearance Notice document. This document outlines any charges laid against you and lists any appearances required on your end. The police may further have you sign an Undertaking in which any specific conditions and prohibitions are outlined, including a prohibition from leaving the province and/or alcohol consumption.

A second or subsequent offender may be kept in custody until a formal bail hearing takes place. The bail hearing can be held as soon as 24 hours from detention and may take up to three days. During this time, only your lawyer is permitted to contact you. The police must provide an opportunity for you to privately contact a lawyer.

Should you choose to exercise this right, the police must halt all further questioning until you have contacted your lawyer. Hiring one of our skilled defence lawyers can make the process easier for you, as they can work on securing your bail and provide guidance on how to navigate your way through the legal process. A disclosure package, which holds all the evidence gathered by the police, can be obtained by one of our defence lawyers. They will then review and assess the package and relay meaningful representations to the court regarding your bail release.

During the bail hearing, the Crown Prosecutor will consider numerous factors regarding your release. Our lawyers will work hard to obtain your release with as stringent bail conditions as possible. It is important to follow these bail conditions to prevent further charges. If we are unsuccessful in convincing the prosecutor, our experienced lawyers will guide you throughout the court process, represent you at trial, and apply any applicable defences to ensure your success.

How to Choose the Right DUI Lawyer in Kitchener

Ensuring the best possible outcome for your case starts with choosing the right DUI lawyer for you. With many lawyers in Kitchener to choose from, it can be tricky to find the right lawyer. Start by exploring online directories, seeking referrals from friends or family, and consulting the local bar association for reputable recommendations.

During initial consultations, ask critical questions about legal fees, defence strategies, and the lawyer’s past experience with DUI cases to assess their expertise and suitability. Additionally, reading reviews and testimonials from previous clients is essential, as these provide valuable insights into the lawyer’s track record and client satisfaction. Some possible questions that you can ask during consultations are:

• What is your success rate in beating DUI charges?
• Should I plead guilty to a DUI?
• What are the consequences of pleading guilty to DUI?
• What is the process of defending/beating a DUI?
• How much does it cost to hire a DUI lawyer?

By taking these steps, you can make an informed decision and choose a DUI lawyer who is well-equipped to handle your case effectively.

The experience that our diligent team of lawyers possess not only equips them with the tools to guide you through the legal process but also aids in protecting you against life-long consequences.

Benefits of Hiring a Local DUI Lawyer

There are several benefits to hiring a local DUI lawyer to defend your case.

Firstly, they will have a thorough knowledge of local Kitchener courts, judges, and prosecutors. This familiarity can be advantageous in navigating the legal system and negotiating favourable outcomes.

A local Kitchener DUI lawyer may also have established relationships with local law enforcement, which can provide them with additional context that may assist with the defence of your charges.

By choosing a local DUI lawyer, you may increase your chances of securing the best possible outcome for your case.

Understanding the Costs of DUI Representation

The pricing for DUI lawyers varies depending on several factors, such as seniority, experience and success rate. With more experience and a higher success rate, the chances of beating your DUI charge increase, which, in turn, drives up the cost of the lawyer.

Our DUI lawyers use the Flat Rate Billing model, in which a DUI lawyer predetermines the total fees in advance for the services to be rendered. You will receive a quote on both the total overall fees expected as well as the flat fees for various portions along the way.

Although the cost varies depending on each case, the following outlines three ranges, providing a rough estimate of what cost to expect:

• Junior lawyers: Junior lawyers are relatively newer lawyers who have typically defended DUIs for up to 5 years, have reviewed hundreds of DUI cases, and have conducted many of their own trials. Lawyers falling into this category typically charge between $3,000 – $7,000 for a basic DUI case.
• Mid-level lawyers: These lawyers have been defending DUI charges for 5-15 years, handling possibly thousands of cases with a comfortable grasp of the legal issues and courtroom processes. Lawyers in this category typically charge around $10,000, give or take $2,500, for basic DUI cases.
• Top-end lawyers: These lawyers have been handling DUI defences for at least 10-15 years, if not longer, and have seen a high demand due to their high success rate. Lawyers in this category typically charge around over $15,000 for basic DUI cases.

Once you have chosen which category of lawyer to work with, you will have to pay a retainer fee (AKA initial investigation fee), consisting of around one-third of the overall cost.

It is important to remember that the above-quoted values are rough estimates, and costs for DUI lawyers may vary depending on several other factors. Higher-paid lawyers offer higher value in defending DUI cases. It is important to ask your lawyer what services and value they will be bringing to the table.

Alternatives and Plea Options in DUI Cases

When you are charged with a DUI, there are several alternative resolutions available to you instead of proceeding to trial. Through negotiations with Crown Prosecutors, your lawyer can potentially explore pleading guilty to lesser charges or agreeing to minimal penalties for your charges.

The general rule is that if you are found guilty of a DUI, you will receive a criminal record and a mandatory minimum sentence. The exception to this general rule is if you are eligible for a “curative discharge”. A curative discharge is available where an offender has been convicted of, or pled guilty to, an impaired driving offence, but can demonstrate that they suffer from a substance abuse problem and are in need of curative treatment. In order to demonstrate that you are in need of curative treatment and that it is not contrary to the public interest to grant a curative discharge, an expert report is necessary. These reports are typically produced by a psychologist or psychiatrist, which a lawyer will be able to obtain for you if you are eligible for a curative discharge.

Our criminal defence lawyers are skilled at coming to non-criminal resolutions and discharges in all kinds of DUI cases.

Frequently Asked Questions about DUI Offences

What should I do if I am charged with a DUI in Kitchener?

After being charged with a DUI, you should follow instructions from the police but exercise your right to silence and a lawyer. You will want to order a copy of your disclosure, which is the evidence the Crown has against you. An experienced DUI lawyer can help you navigate this process.

What are common defences against DUI charges in Kitchener?

Below are some of the more common defences used against DUI charges in Kitchener:

• Certificate of Analyst: This defence is tailored towards challenging the validity of a certificate of analyst, which results from a breath sample test used to determine blood alcohol concentration (BAC) levels. Evidence proving that a BAC level reading was inaccurate can take the form of equipment being operated incorrectly or equipment being faulty at the time of use.
• Identity: This defence is tailored towards challenging the validity of the accused being the perpetrator. Through the use of eyewitnesses, alibi, fingerprints, DNA, video surveillance and any other evidence, this defence strategy can be employed.
  Substance Was Consumed After Driving: This defence strategy revolves around proving that the accused consumed the intoxicating substance after the vehicle had been driven, and there were no reasonable grounds to believe that they would be required to provide a breath or blood sample.
• Necessity: This defence is applicable in cases where there is no other reasonable legal alternative to a situation, such as where the passenger is at risk of harm. For this defence to be successful, it must be proven that the distance driven was only that which was necessary to get the needed help.
• Breach of Charter Rights: This defence relies on the rights and freedoms of the accused being violated by the police either before or after the arrest or during the investigation, in which case some or all of the evidence against you may be excluded as per s.24(2) of the Charter.

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

Depending on the result of your case, a DUI charge may show on your criminal record. If your criminal case is dismissed by the Kitchener court before trial, or you are found not guilty at trial, your DUI charge will not show on your criminal record. Your case could also be settled for a lesser charge, resulting in no criminal record. The general rule is that if you are found guilty of a DUI, you will receive a criminal record and a mandatory minimum sentence.

The exception to this general rule is if you are eligible for a “curative discharge.” A curative discharge is available where an offender has been convicted of, or pled guilty to, an impaired driving offence but can demonstrate that they suffer from a substance abuse problem and are in need of curative treatment. In order to demonstrate that you are in need of curative treatment and that it is not contrary to the public interest to grant a curative discharge, an expert report is necessary. These reports are typically produced by a psychologist or psychiatrist, which a lawyer will be able to obtain for you if you are eligible for a curative discharge.

A DUI conviction will remain on your criminal record for life unless you apply for and receive a record suspension or a pardon. Strategic Criminal Defence Lawyers have experience in successfully obtaining Record Suspensions for our Clients. We will help relieve the stress of applying for a Record Suspension by communicating with the Parole Board of Canada on your behalf and ensuring that a persuasive record suspension application is put forward for you so you can return to your life as normal.

Conclusion

Facing a DUI charge can be daunting, and with the possibility of life-long consequences, approaching it alone is a risk you should not take. Our expert lawyers will help analyze evidence, create a defence strategy and represent you at trial, if necessary, to help you reach the best possible outcome. Book your free consultation with one of our lawyers for legal advice about your specific circumstances.