Mississauga DUI Lawyers

Driving under the influence (DUI) or impaired/drunk driving is covered under s.320.14 of the Criminal Code of Canada.

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.

Due to the serious nature of the offence, penalties in Mississauga will often be more severe. In addition to facing fines and the possibility of losing one’s license, an individual will likely face higher insurance premiums and be required to enrol in a self-funded impaired driving education program and a post-license suspension ignition interlock program.

Due to the seriousness of the offence, you must hire a diligent DUI defence lawyer to aid in protecting you against a conviction that may have severe consequences.

The Role of a DUI Lawyer

Your first step after being charged with a DUI offence should always be to hire an impaired driving lawyer. By doing this, you will obtain the best defence available to you. From providing a free consultation to providing defence strategies and navigating through resolution or defending you at trial, a DUI lawyer will work to mitigate the life-long consequences that a DUI charge can have.

Finding the Right DUI Lawyer in Mississauga

Finding the right DUI lawyer can be tricky. However, 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.

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?

The Legal Process in DUI Cases

The police will use a series of observations and roadside testing to determine if they reasonably suspect that you are intoxicated, thus leading to an arrest. After the arrest, the individual will be brought back to the police station to undergo a series of further testing and evaluation.

Once charged, it is imperative that you speak with one of our experienced impaired driving lawyers. One of our lawyers will then examine the documents you were given by the court or the police. They will then aid in your understanding of the court process and how we can help. Our lawyers will then work to prepare a defence strategy tailored to the specific circumstances of the case, leading to them working with Crown Prosecutors to review the facts of the case and gain a resolution in your best interest. If the desired resolution is not obtained through this process, then our lawyers will use every possible defence at trial.

Common DUI Defence Strategies

A diligent criminal defence lawyer will analyze the facts of your particular case and determine the strengths and weaknesses of the Crown’s evidence against you. Using this information, our lawyers will then work to build a defence strategy designed to discredit and refute the Crown’s claims by challenging their evidence and procedures, ultimately yielding the best possible outcome. Notably, the effectiveness of defences will largely be reliant on the specific facts of your case. However, below are some of the most common defences:

• Certificate of Analyst: This defence is reliant upon evidence proving that the BAC level reading that was presented after a breath sample test was conducted was inaccurate due to equipment being faulty at the time of its use or because it was used incorrectly.
• Identity: This defence is used to challenge the claim that the accused was wrongly mistaken for the perpetrator. Video footage, alibi, fingerprint and DNA testing are all tools that can be utilised by a criminal defence lawyer to prove that the accused was wrongly convicted.
• The Substance Was Consumed After Driving: Depending on the specific circumstances of the case, a diligent lawyer may be able to prove that once the vehicle had been operated and there were no reasonable grounds to believe that a breath or blood sample would be required, did the accused consume the substance?
• Necessity: In some specific cases, if a passenger was at risk of harm and it can be proven that there was no other legal alternative as well as that the driving distance was not any longer than that required to get the necessary help, then this defence may apply.
• Any Applicable Charter Defences: Some or all of the evidence against you may be excluded if it is found that your Charter rights and freedoms were violated by the police during the investigation, before or after your arrest, as per s.24(2) of the Charter.

Cost and Fees for DUI Lawyers

The cost of hiring a DUI lawyer is reliant on various factors. Typically, a lawyer with more experience and a greater success rate will have higher costs as they add value to your case. Other contributing factors are the number of DUI lawyers available in the city and the demand for such lawyers; the location of the DUI and what the travel requirements for the lawyer are; access to resources and mentorship that a junior lawyer may need from a senior lawyer; the complexity of the case; as well as any external expenses.

For the fee structure, our lawyers use a flat rate (flat fee) billing model. What this refers to is a pre-arranged total fee that has no hidden costs or surprise bills at the end of the case. This way, the services involved and the cost of those services are transparent to everyone.

Furthermore, through using this billing model our lawyers establish transparency and trust with our clients so that it is clear the value that we add to each stage. Not only will our lawyers quote the overall total fees that our clients can expect, but also the flat fee for various sections of the overall service, following the below-outlined template:

A definitive rate cannot be provided due to the many aforementioned factors that can influence the fees, however below you will find a range of our rates based on our lawyer’s experience and rates, divided into three categories.

1. Top-End Lawyers: This category consists of lawyers who have at least 10-15 years (but typically much more) experience with DUI defences, likely having defended thousands of cases, have high success rates and are in high demand. For a basic DUI case, DUI lawyers in this category typically charge +$15,000, generally with a retainer of $5,000.
2. Mid-Level Lawyers: Lawyers in this category typically have 5-15 years of experience and have likely defended hundreds, if not thousands, of cases. These lawyers may be in less demand or may not be comfortable charging as much as the top-end lawyers, even though essentially they have the same skill set. For a basic DUI case, DUI lawyers in this category typically charge $10,000 (+/- $2,500), generally with a retainer of $3,500.
3. Junior (Most-Cost Effective) Lawyers: Lawyers in this category typically have up to 5 years of experience and have reviewed hundreds of DUI cases, made up of both their cases and those of senior lawyers in the firm. For a basic DUI case, DUI lawyers in this category typically charge $3,000 – $7,500.

The above is merely an approximate guideline that our lawyers have provided based on their experience, but it is essential to remember that some lawyers will offer to defend a DUI for far more and some for far less. However, it is imperative that you question the lawyer about the value that they are adding to your case.

Frequently Asked Questions About Drug Offences

How can a DUI lawyer help reduce or dismiss charges?

A DUI lawyer will analyze the facts of your case and assess the strengths and weaknesses of the Crown Prosecutor’s evidence against you to develop a defence strategy most likely to gain you the best possible outcome.

What should I look for when choosing a DUI lawyer in Mississauga?

When choosing a DUI lawyer in Mississauga, you should look for a lawyer with experience and a high success rate. Our lawyers have thousands of cases under their belt, and with the help of this experience, we can aid in gaining the best potential outcome for your case.

What questions should I ask during a consultation with a DUI lawyer?

During a consultation, you can ask questions about the court process, the cost and fee structure of hiring a lawyer, whether you should plead guilty, any potential consequences as well as any other questions or concerns that you might have. You can also further inquire into our lawyers’ experience in handling DUI cases and their success rates for beating DUI charges. Our lawyers are here to help guide you through this difficult process and will be able to answer any questions or concerns you may have.

How can a DUI lawyer challenge the evidence against me?

A DUI lawyer will work to formulate a defence strategy best suited to your specific case. They will then work with the Crown Prosecutor to review the facts of the case and come to a resolution that is in your best interest.

However, if the case proceeds to trial as we were unable to convince the Crown Prosecutor of our desired outcome, then we will present every available defence during the trial to reach the desired result.

Conclusion

Navigating the criminal justice system can be challenging, especially with a serious charge like a DUI. Regardless of which type of DUI you are charged with, seeking legal representation should be a priority to negate the life-long consequences that a DUI conviction can have. Our experienced team of DUI lawyers offer free consultations, and once retained, they will work to formulate an effective defence strategy to resolve your case with the best possible outcome.