Peterborough DUI Lawyers

Introduction

Driving Under Influence (DUI) is a criminal offence referring to any form of impairment resulting from the use of drugs, alcohol, or any other psychoactive substances and resulting in inability to properly operate any kind of vehicle (cars, aircrafts, sea vessels, and/or railway equipment).

Peterborough operates under the same legislature that governs the rest of Ontario for DUI and as such may impose stricter fines and penalties for offenders. Being charged for a DUI offence can be a very stressful and challenging experience thus necessitating the need for professional assistance in order to navigate the process and receive the best possible final outcome.

This article discusses the steps and expected outcomes involved in a DUI case in Peterborough, the importance of hiring the services of an expert Peterborough DUI Lawyer, as well as the qualities to look out for in a DUI lawyer.

Understanding DUI Charges in Peterborough

Peterborough falls under the Province of Ontario and as such is regulated by the DUI Laws covered in the Ontario Highway Traffic Act as seen s.47.2 – 48.4 in Part IV which deals with Licenses. These regulations specify the legal blood alcohol concentration (BAC) levels for drivers as 80mg of alcohol in 100ml of blood, and persons with special conditions on their licenses, such as novice drivers, may even be penalized for having BAC greater than 0.05% of alcohol which falls within the warning range.

Besides high levels of alcohol in the blood stream, a driver may also receive a penalty if he shows signs of impairment as a result of the use of recreational and/or prescription drugs that may affect the driver’s alertness, attention and concentration. For instance, a driver may be charged for having over 5ng of THC in a blood sample. Furthermore, through the enactment of the Reduce Impaired Driving Everywhere (RIDE) Program, which authorizes law enforcement officers to conduct random sobriety and breath sample checks on drivers, a person may also be charged with DUI if they refuse to take a breathalyzer test on the insistence of a Police Officer at a legal traffic stop.

Being charged with a DUI offence in Peterborough may incur both Parliamentary and Provincial Penalties depending on the Crown’s choice for prosecution. As per the guidelines operational in Peterborough, penalties may include immediate confiscation and suspension of licence, mandatory enrollment in the ignition interlock program for a minimum of 9months, payment of fines ranging from a minimum of $1,000 – $2,000 depending on the concentration of alcohol in the blood stream, as well as refusal to provide a breath sample, as the case may be. Receiving a DUI charge and subsequent conviction in Peterborough may also result in prohibition from operating any kind of motor vehicle within Canada for a minimum period of 1year. Penalties for subsequent offences are even more stringent and may result in jail term of minimum of 30 – 120days depending on whether it is second or third offence. Conviction may even result in lifetime suspension of the offender’s license.

How a DUI Lawyer Can Help Defend Your Case

In view of the aforementioned consequences, it is of paramount importance to employ the services of an experienced DUI Lawyer if faced with DUI Charges in Peterborough. The experience and expertise of a Lawyer makes it easier for them upon examination to identify loopholes in the Crown’s case, such as whether or not any of the Charter rights of the driver as specified in the Canadian Charter of Rights & Freedoms were violated at any time during the arrest. A lawyer will also be able to ascertain if the traffic stop was legal, and whether or not there was probable and verifiable cause for the stop. Probable cause goes beyond proof that a driver has been drinking, to providing proof that his/her ability to drive has been impaired as a result of the use of drugs/alcohol as the case may be.

DUI charges are hinged on the impairment as a result of quantity of alcohol found in the blood sample as shown in the test results. However, the validity of the results is dependent on certain components of the testing process such as the quality of equipment used, whether or not the equipment was properly calibrated, and/or the officer administering the test used it in a correct manner, as well as whether or not the driver had any underlying health challenges that could affect the results of the test. An experienced DUI Lawyer will easily spot any flaws in the administration of the tests.

Furthermore, fighting a DUI case can come with its own peculiar challenges and may require the employment of technical strategies to secure a favourable outcome. Given their understanding of the court proceedings as it pertains to Peterborough, an experienced lawyer on the basis of the evidence presented by the Crown will be able to assess the strengths of the case, and where necessary, employ the services of professional witnesses such as toxicologists, to strengthen the merits of the case, as well as put up a strong defence in favour of the driver.

Qualities to Look For When Hiring a DUI Lawyer

Considering the penalties that could arise from a DUI case, the expertise of the lawyer and his/her ability to handle the case must be certified by ensuring that the person possesses certain qualities. One such quality is experience in handling DUI cases in Peterborough as this is a huge determinant of the amount of time that will be spent on litigation as well as the overall outcome of the case. Though a more experienced lawyer may request higher fees, their experience as well as understanding of the laws and judicial processes in the area makes the process less stressful and cumbersome.

Furthermore, with years of practice comes knowledge of the preferences of judges and prosecutors, as well as an excellent understanding of the general outlook of court procedures for a range of DUI cases in the area. This consequently avails the lawyer access to a network of human resources and a plethora of strategies and negotiation skills that could be beneficial to the client’s case.

In addition to the aforementioned qualities, it is also important to engage a lawyer with a good track record of winning DUI cases in Peterborough, as well as one who is able to effectively communicate their assessment on the merits and strengths of the case and the strategies they intend to employ to secure the best possible outcome for the client. This would usually include clear and honest conversations about their fee structure, to enable the client make a decision on affordability and whether or not it fits into their budget.

Steps To Take After A DUI Charge in Peterborough

Being charged with a DUI offence can be a very stressful process involving visits to courts as well as multiple interactions with police and law enforcement agents. It is therefore important to remain calm and cooperative throughout the process to avoid unintentionally stirring a conflict that could lead to additional charges.

In doing this however, it is also important to ensure that one’s rights are not infringed on in anyway by precisely documenting the details of the events that occur from the moment of arrest. This could be particularly beneficial especially when building up a portfolio for defence strategies as it gives the lawyer a picture of the peculiarities of the case and how to approach it especially where negotiations with the Crown prosecutor may be necessary.

Enlisting the services of a DUI lawyer at the earliest possible time is also very crucial as through their assessment of the case, they would be able to advice on the merits of proceeding to trial or where necessary negotiate a plea bargain for a lesser charge.

Possible Outcome of A DUI Case in Peterborough

Whilst everyone charged with DUI looks forward to being discharged and acquitted, a DUI case can have diverse outcomes. Depending on the facts presented and the ability of the lawyer to put up a strong defence it is possible to have the case dismissed. This could happen where the Crown is unable to provide sufficient evidence to secure a conviction, or there were procedural errors in the handling of the case such a violation of any of the driver’s Charter rights.

A lawyer may also be able to negotiate a charge for a lesser non-criminal offence such as a Careless Driving charge, which could reduce the gravity of the penalties imposed on the driver. However, a driver may also be found guilty and upon conviction be sentenced to jail term, as well as have certain restriction imposed on him/her. This is usually not a favourable outcome as a conviction for DUI will show up on the criminal record of the driver and may have an effect on their ability to secure a job as well as lead to ripples of unpleasant outcomes like higher insurance premiums or denial of coverage as a result of being placed on the high risk driver category. In some cases, professional licenses may even be revoked as a result of the ensuing criminal record from a DUI conviction.

Conclusion

Dealing with a DUI charge is not a very pleasant experience in Peterborough, and requires the intervention of an experienced lawyer to secure a favourable outcome. Don’t hold back on seeking professional assistance with a DUI expert lawyer. Book a free consultation now!