London DUI Lawyers

A DUI charge involves operating a conveyance while impaired by drugs or alcohol.

Under the Criminal Code, you can also face serious consequences including fines, licence suspensions and jail time.

In addition, getting a DUI can impact your personal relationships with family and friends and your profession and employment.

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 London if you are charged with a DUI.

Overview of DUI Laws in London, Ontario

There are different types of DUI charges that a person may face in London 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

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 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.

Another 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.

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.

The Role of a DUI Lawyer in London

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.

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 to ensure that the traffic stop was made with reasonable suspicion, and that you were provided all your Charter rights upon arrest.
• 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.

Qualities to Look for in a London DUI Lawyer

There are several qualities you should look for when hiring a London DUI Lawyer. These include:

• Experience and specialization in DUI Law: 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 is key.
• Familiarity with local London courts, judges and prosecutors: Unlike shows and television, the London legal system is not as dramatic. An experienced defence lawyer will develop relationships with local judges and Crowns, which will aid in negotiating the best outcome for your matter.
• Proven track record of successful case outcomes: An experienced DUI lawyer in London 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.
• Effective communication skills and client satisfaction: 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.

Benefits of Hiring a Local DUI Lawyer in London

Lawyers also come with a wealth of experience navigating the criminal justice system and court process and can represent you during trial. The established relationships that a local DUI lawyer in London has will potentially benefit your case. Further, a London DUI lawyer will know will tailor their services and legal strategies to their local knowledge of London-specific procedures and law enforcement practices. This will provide an immense advantage as you navigate the legal system.

Potential Costs of Hiring a DUI Lawyer in London

You can expect to pay anywhere from $5,000.00 to above $20,000.00 for a DUI lawyer. These fees can be affected by factors such as case complexity, a lawyer’s experience, and court fees.

Defence lawyers often bill a flat fee instead of hourly, though both are possible. Inquiring with your lawyer as to their price structure is an important step in understanding what you will be paying.

What to Expect During the DUI Process in London

When arrested for a DUI, you will be read your rights, and may ask to speak to a lawyer. You may be transported back to a police station, upon which you may be asked to provide a breath or urine sample. Depending on the circumstances of the DUI, you will either be released, or will have a bail hearing in front of a judge.

After release, you will attend court appearances until you receive your disclosure, which is the Crown’s evidence of your case. After receiving disclosure, you can determine your next step for dealing with your DUI. If your matter is set for trial, you will prepare your materials for trial, including cross examinations of the Crown’s witnesses provided in their disclosure, and a direct examination, if you wish to tell your story to the court. After a trial, you may be found guilty or not guilty. If you are guilty, you would proceed to sentencing, in which you argue for the sentence that you see as fit for the circumstances.

A DUI lawyer is invaluable is helping you navigate each stage of this process. A DUI lawyer can provide you legal advice upon arrest, and can represent you in a bail hearing. A DUI lawyer will also help you review disclosure to find issues in the Crown’s case, and have a wealth of experience preparing materials for trial and sentencing.

Frequently Asked Questions

What should I do immediately after being charged with a DUI in London?

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 the potential penalties for a DUI Conviction in London?

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. There are also some prescribed punishments for DUIs whether they are elected summarily or by indictment, including $1,000 for a first offence. Another 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.

How long does a DUI case take in London?

It can be hard to estimate the length of a DUI case in London. The length of a case will depend on how quickly the Crown provides you disclosure, if disclosure is complete, and if you want to proceed via trial or a guilty plea. The average length can be anywhere between 6-18 months.

Contact Defend Your DUI

A DUI has serious consequences that can impact your social and economic life. It is important for you to receive experienced guidance when navigating the court system so you can defend yourself and your future.

If you are facing an impaired driving charge, contact our team of experienced criminal defence lawyers today for a free consultation.