Ottawa DUI Lawyers

Driving Under Influence (DUI) refers to the operation of any kind of vehicle whilst under the influence of alcohol, drugs, or anything that could impair the drivers alertness, concentration, vigilance, and the ability to make sound judgement whilst driving. DUI is considered a criminal offence in Canada as well as in the Provincial Laws of Ottawa, Ontario.

The offence is covered under s.320.14 found in Part VIII.1 of the Canadian Criminal Code which covers offences relating to Conveyances, as well as under Provincial Legislature in s.47.2 – 48.4 in Part IV of the Ontario Highway Traffic Act which deals with licences.

A DUI charge can affect all aspects of one’s personal and social life and can even lead to jail term if a person is convicted. Being charged with a DUI offence can be very stressful and can lead to a lot of anxiety if the offender does not understand the criminal justice system and how to navigate their way through it. The benefits of hiring the services of an expert DUI lawyer cannot be over-emphasized in this regard.

This article explores the role and benefits of hiring a DUI Lawyer in Ottawa, and how their expertise can be brought to the fore in securing the best possible outcome. The benefits and costs that may be involved in hiring a local DUI lawyer in Ottawa will also be highlighted.

Overview of DUI Laws in Ottawa

Ontario operates specific DUI Laws covered in the Highway Traffic Act under s.47.2 – 48.4 in Part IV of the Ontario Highway Traffic Act. This act stipulates even more stringent penalties for persons convicted with a DUI offence, some of which may include licence suspension, 7-day confiscation of the vehicle, mandatory programs and any other penalties that may apply. The legal limit for alcohol within the bloodstream in Ontario and Ottawa is 80mg of alcohol in 100ml of blood.

Ottawa falls under the provincial jurisdiction of Ontario and follows a very strict and regulated pattern of enforcement for DUI Laws. In Ottawa, implementation of the Ontario Provincial law is enforced through the Reduce Impaired Driving Everywhere (RIDE) Program which empowers Police officers to conduct random checks sobriety and breath sample checks on drivers. Novice drivers or person with specific conditions on their licences, who are found with BAC above 0.05% or driving with over 5ng of THC may also be convicted for DUI.

While DUI laws appear to have been regularized across the province of Ontario, some police acts in Ottawa may contain slight variations in their mode of implementation. A driver can receive a DUI charge not just for showing signs of impairment as a result of the influence of alcohol or other drugs, but for other reasons such as having a BAC above the legally stipulated limit for their driving category, or for refusing to comply with demands to provide a breath sample during a legal traffic stop.

The penalties for DUI in the province of Ontario and Ottawa are generally more stringent than Parliamentary penalties as they fall under provincial legislature. Penalties may include a 1year driver’s licence suspension as well as a 1 year compulsory ignition interlock program upon reinstatement of the licence, and enrollment in the Back On Track Alcohol Assessment & Education Program. According to the Ottawa Police Department, the following fines & sanctions may apply depending on the frequency of the offence;

1st Offence: 3-Day Licence Suspension & $250 fine

2nd Offence within 5years: 7-Day Licence Suspension, $350 fine, & Mandatory Education Program (for second offence within 10years)

3rd Offence within 5years: 30-day Licence Suspension, $450 fine, Compulsory enrollment in the Ignition Interlock Program for a minimum of 6months, & Compulsory enrollment in a treatment Program (for third and subsequent offences within 10years).

In addition, the driver may be required to pay a licence reinstatement fine of $198 each time his/her licence is suspended. A novice driver whose licence has been suspended up to 3times for violating zero tolerance requirements on their licence will have the licence cancelled and will have to retake all driving tests.

The Role of a DUI Lawyer in Ottawa

Employing the services of an experienced local DUI lawyer can be very substantial to getting the best outcome from the case. With their skill and expertise, they will help mitigate the consequences of the charge and employ strategies that may not only grant the accused a lesser charge, but may even secure a charge withdrawal or dismissal.

Bringing their depth of understanding of the terrain and the laws concerning DUI to the fore, a lawyer is in the best position to gather evidence as well as hire the services of expert witnesses were necessary to ensure that the driver is able to beat the charge.

Hiring a DUI lawyer in Ottawa also reduces the likelihood of confusion and unnecessary expenses that may result from difficulty in navigating the criminal justice system and court representations. Furthermore, a lawyer is better suited to identify loopholes in the prosecution’s case, especially where any of the driver’s Charter rights have been infringed upon, and to use that as a bargaining strategy for a better outcome. The presence of a DUI lawyer also makes it more likely that the validity of the test results will be adequately contested, as well as the legality of the traffic stop and the functionality of the equipment used in obtaining the results.

Qualities to Look For In An Ottawa DUI Lawyer

Since the success of the case is dependent on the ability of the lawyer, it is of paramount importance the decision on the choice of lawyer for representation is made carefully and without sentiment.

Here are some qualities to be considered when choosing a DUI Lawyer;

• Knowledge of the Local Courts in Ottawa: Having knowledge of the local courts is very important when making a choice for legal representation, as this affords the lawyer knowledge on the mode of operation and preferences of the law enforcement agents, prosecutors and judges, and makes it easier for bargaining and reaching a favourable outcome.
• Experience with DUI Cases: The extent of knowledge of a lawyer plays a huge role in the progression of the case, amount of time spent in litigation as well as cost of litigation, and the strategies to be employed. A lawyer with more years of experience will generally have a better understanding of the DUI laws and what may apply in different regions and will thus be better suited to evaluate the case, challenge evidence, and negotiate the best possible outcomes for the driver.
• Excellent Negotiation & Communication Skills: The key determinant on the outcome of the case is in the ability of the lawyer to communicate effectively and where necessary negotiate the best possible outcome. A lawyer with good communication and bargaining skills is more likely to get the charges withdrawn, dismissed, or bargain for a lesser charge.

How To Choose The Right DUI Lawyer In Ottawa

Choosing the most suitable lawyer for a DUI case is the first step to securing the best outcome. Though the particular preferences of individuals as to who should handle their case may differ, it is important and advisable that one chooses a lawyer who is aligns with the goals of the client, is understanding, and has the willingness to work with them to achieve the client’s objectives.

In hiring the services of a DUI lawyer, it is therefore of utmost importance to understand his/her initial perspective on the case and whether or not they are confident that a favourable outcome can be reached. A good strategy in making a choice is to book a free consultation if applicable, and examine the lawyer’s ability to explain legal terminologies in lay man terms, answer questions, and provide possible defences that could help the case.

Another important quality to assess is the payment structure offered by the firm. Whilst the quality and experience of the lawyer is of grave importance, it is also necessary to choose a lawyer who fits into the budget of the driver. Lawyers who are upfront and transparent about their fees are generally more preferable in this regard.

Finally, getting a lawyer with a good reputation for handling DUI cases and an excellent winning history may prove to be very beneficial, as this requires attention to detail, confidence, and the ability to spot loopholes in the prosecution’s case, all of which are necessary to secure a win.

Benefits of Hiring a Local DUI Lawyer In Ottawa

Hiring the services of a Local DUI Lawyer in Ottawa is probably the best strategy to winning a DUI case in Ottawa as such a lawyer will possess an in-depth knowledge of DUI cases and court proceedings as it specifically applies to Ottawa. Based on previous encounters with most of the judges, prosecutors, and law enforcement agents on a number of other cases, s/he will possess and excellent understanding of their preferences as regards DUI cases, and will bring this knowledge to the fore in bargaining the outcomes of the case or challenging the evidence against the driver.

Furthermore with their extended knowledge of court proceedings within the area, a local lawyer may be better able to offer personalized services, as well as strategies that are best suited to the individual’s case.

Costs of Hiring a DUI Lawyer In Ottawa

The cost of hiring a DUI Lawyer in Ottawa is dependent on a number of factors such as the level of experience of the lawyer, the complexity of the case, as well as the payment structure applied by the lawyer. The number of specialized lawyers within the area, and the quantity of external expenses to be made (Such as Hiring expert witnesses) if any, may also impact the hiring cost

For DUI cases, lawyers generally prefer an hourly billing method where payments are made on the basis of the amount of time spent at each level of the case, or a flat rate billing method which allows the client and the lawyer the opportunity to come to an agreement on the total sum required for the duration of the case. Though the option of contingency billing exists, it is generally not accepted by most Law Societies in Canada, especially for DUI cases.

It is always best to understand the fee structure and agree on a payment plan during the first consultation with the lawyer to avoid any issues that may arise in terms of fees and payment structure.

The DUI Legal Process In Ottawa

The Legal process for DUI in Ottawa generally follows the same pattern as in Ontario and the rest of Canada. After a traffic stop has been made, and the initial sobriety tests conducted, a person suspected of driving under the influenced may be arrested and detained by the Law Enforcement Officers while further investigations including blood tests and breath sample tests are conducted. Thereafter, with the help of a lawyer, a bail hearing could be fixed and bail secured for the driver.

As per Canadian law, the Crown is required to disclose all evidence gathered against the accused to be used in court. Upon receipt of the disclosure, the lawyer may decide to file a pre-trial hearing to challenge the evidence presented by the Prosecution or even move to get the charge withdrawn. If the case goes to trial, the defence will argue the evidence presented to ensure that the accused is not convicted.

The final stage in the legal process is the sentencing which either absolves the driver of any guilt or imposes an appropriate penalty on them.

Frequently Asked Questions About DUI Charges in Ottawa

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

The first and most important step a person can take after being charged with DUI in Ottawa is employing the services of an expert DUI lawyer who has specific understanding of the terrain of Ottawa, and is able to provide invaluable support in negotiating with the prosecution lawyers as well as ensuring that the most favourable outcome is reached on the basis of the facts of the case. It will also be particularly helpful to take note of the events surrounding the case, as well as gathering evidence that maybe substantial to proving the facts of the case.

What are the penalties for a DUI conviction in Ottawa?

Getting convicted for DUI in Ottawa may impose both personal and legal restrictions on the individual. Some penalties may include 7-day vehicle impoundment, 90-day licence suspension, mandatory Back on Track Alcohol Assessment & Education as well as other mandatory programs, a criminal record, and jail term depending on the specific factors surrounding the case.

How can a DUI Lawyer help with my case in Ottawa?

In order to help the offender get the most favourable outcome from the case, an experienced DUI lawyer in Ottawa will help identify loopholes in the Crown’s case and contest the evidence presented against the accused. Where there is considerable evidence, a lawyer may also be able to negotiate a plea bargain, peace bond, or get the lesser sentence and reduced charge. In some cases the lawyer may also secure a withdrawal or dismissal of charges based on the strength of available evidence and the quality of the strategies employed.

Conclusion

Being charged with a DUI can be a very stressful experience, especially in Ottawa where strict measures are applied to offenders. Having a skilled and local DUI expert Lawyer helps ease the process and ensure that the accused gets the best possible outcome from the case. The best time to book a free consultation for personalized DUI advice is now!