Sarnia DUI Lawyers

The Canadian Criminal Code under s.320.14 in Part VIII.1 which deals with offences related to conveyances, as well as s.47.2 – 48.4 in Part IV of the Ontario Highway Traffic Act both criminalize the act of driving under influence (DUI) thus making it punishable by Parliamentary and Provincial Legislature.

DUI as cited in the Criminal code, refers to the inability to maintain alertness and concentration whilst operating any kind of vehicle as a result of impairment of function caused by the use of alcohol or drugs. According to these laws, anyone found with a blood alcohol content (BAC) exceeding 80mg of alcohol in 100ml of blood, or up to 5ng of tetrahydrocannabinol (THC) in a blood sample, can be charged for a DUI offence. This also includes having a BAC of 50% or more (warning range) in 100ml of blood for novice drivers or persons with particular restrictions on their licence.

Sarnia operates under the same legislature as the rest of Ontario, and as such may impose even more stringent penalties on DUI offenders such as loss of driving privileges for a minimum of 1year, minimum fine of $1,000, suspension of licence, and cancellation of insurance premiums amongst others. Hiring the services of an experienced Sarnia lawyer is therefore of paramount importance in order to be able to navigate the judicial system and secure the best possible outcome.

This article explores the regulations and sanctions that may apply to DUI cases in Sarnia, the qualities to look out for in making a choice of a DUI Lawyer and how the expertise of a Lawyer can contribute to the overall outcome of the case.

Understanding DUI Charges in Sarnia

The Ontario Highway Traffic Act specifies the legislature for DUI in all districts under Ontario including Sarnia. According to the regulations in s.47.2 – 48.4 in Part IV of the Ontario Highway Traffic Act as afore stated, a driver who presents with more than 0.08% of alcohol in their blood stream at a legal traffic stop, having previously shown signs of impairment whilst driving, may be charged with a DUI offence.

Novice drivers or other driver’s with specific restrictions on their licence, who present with more than the warning range (0.05%) of alcohol in 100ml of blood, may also be charged with DUI. These regulations are not only limited to impairment as a result of use of alcohol, but may also include drug impairment, as for instance, a person presenting with over 5ng of THC in their blood sample may also receive a DUI charge.

Sarnia like the rest of Ontario operates under the principle of implied consent which permits law enforcement agents to believe that consent has been granted even in the absence of a verbal agreement. As a result, refusing to take a breathalyzer test may also be considered a criminal offence in Sarnia.

Being charged with DUI in Sarnia can impose very grave consequences on the driver as the offence is punishable both under Parliamentary and Provincial Legislature. In Sarnia, a DUI charge may lead to immediate suspension of the driver’s licence for a minimum period of 1year, as well as a minimum fine of $1,000. If the vehicle belongs to an organization, the driver may be likely to incur other penalties such as loss of employment and difficulty getting a new one.

In addition to this, being placed on the high risk driver category may also result in higher insurance premiums or outright cancellation of insurance. The driver may also be placed on some behaviour modification programs such as mandatory counselling, and being enrolled on the ignition interlock program which may incur additional charges for installation and maintenance. In addition to this, other charges including court fees, as well as charges to reinstate the licence through the back on track program may also be incurred.

The aforementioned penalties do not include those which could be imposed on the driver in the event that there are other aggravating circumstances involved in the charge such as accidents leading to loss of lives or property as this could result in even more grievous penalties. In such cases, a driver may be made to face jail term for a period of time ranging from 30days to life time imprisonment depending on the particular circumstances, and whether the Crown elects to proceed summarily or by indictment.

A conviction for DUI will be visible on the criminal record of the driver and will consequently lead to other ripple effects of conviction such as difficulty travelling, cancellation of other professional licences and any other sanctions that may apply.

How a DUI Lawyer Can Help You in Sarnia

In light of the penalties that could arise from a DUI conviction in Sarnia, the importance of employing the services of an experienced DUI lawyer cannot be over-emphasized, especially if there is a possibility to avoid being charged.

Through their expertise in handling DUI cases, a lawyer will be able to examine the details of the case to ascertain if the traffic stop was legal, and whether or not any of the driver’s rights as specified in the Canadian Charter of Rights & Freedoms were violated in course of the arrest, including failure to issue an implied consent warning before administering a test.

A lawyer may also want to challenge the breathalyzer or other test results by examining the kind of equipment used, whether or not they were properly calibrated, and whether or not they were administered in the right way by the officer, as any of these could contribute to false positives that may affect the validity of the results. In doing this, the services of expert witnesses such as doctors or toxicologists may also be employed as due to other health challenges or even a rising blood alcohol content level the test results could be inaccurate.

An expert lawyer may also question the validity of the field sobriety tests as well as the officer’s observations that may have led to the traffic stop by examining the CCTV records to ascertain whether or not there was probable cause to belief that the driver was impaired in any way. On the strength of the evidence gathered, the lawyer may be able to advice on whether to proceed to trial or to negotiate a plea bargain for reduced charges such as a “Careless Driving” charge which is a non-criminal offence.

Qualities to Look Out For in a Sarnia DUI Lawyer

To ensure the most favourable outcome there are certain qualities that a DUI Lawyer must possess before a driver makes a choice of hiring their services. One of such qualities is experience with handling DUI cases in Sarnia. A lawyer who specializes in DUI cases and understands the procedures that may be prevalent in Sarnia is an asset to the case as this knowledge will also avail him/her familiarity with the preferences of judges and prosecutors in the area as well as knowledge on how to navigate the trial process or secure a favourable bargain with the prosecutor.

In hiring the services of a lawyer, it is also necessary to have an idea on his history with DUI cases as well as what previous clients think about his services. It is usually an asset if the lawyer is confident and has good negotiation and communication skills. To assess this, the driver should look out for the lawyer’s ability to explain the details of the case and the strategies he intends to employ in layman terms, whilst also researching for peer and client reviews on the lawyer’s ability to defend and succeed in DUI cases.

In addition to this, the lawyer’s initial perspective on the case should be noted as this is a key determinant on whether or not s/he will pay the needed attention to the case and commit to defending it in a way that could lead to victory as most times it is difficult to defend a case that a person does not believe in. Finally, knowledge on the fees and payment structure should also be taken into consideration to ensure that it falls within the driver’s budget.

Steps to Take Immediately After A DUI Charge in Sarnia

Being charged with a DUI offence can be scary and stressful, however, it is important that the driver pays attention to everything that is happening within, during, and after the arrest as this will form the first layers of evidence relevant for the case, and may even be the foundation upon which a win is eventually secured. It is therefore important to remain calm and to stay compliant with whatever instructions the arresting officers may have, as unnecessary arguments and confrontations with law enforcements officers may lead to further complications on the case.

The benefits of keeping a detailed record of everything including the tests conducted and whatever results therefrom cannot be overemphasized. Furthermore, the services of an expert DUI lawyer should be hired at the earliest possible time as this would help in building a solid defence and defining the course of the case. The records gotten from the driver in addition to the evidence provided by the Crown will be the key determinants on whether or not the case should be left to trial or negotiating a plea bargain would be the better option given the circumstances.

Finally, as most vehicles are confiscated upon arrest, it may also be necessary to track down the vehicle to avoid accumulating impound charges. Getting a new means of identification may be required if the driver’s licence was the only valid one in possession of the driver at the time of arrest.

Potential Outcomes Of A DUI Charge in Sarnia

There are a number of outcomes that may be possible after a DUI charge, the most favourable one obviously being dropped charges due to lack of substantial evidence or violations of the driver’s Charter rights. However, where there is substantial reason and evidence regarding the charge against the driver, the defence lawyer may wish to negotiate a plea bargain for a lesser charge to avoid conviction and the ripple effects of having a criminal record.

Where all else fails, a driver may be convicted with a DUI offence and this could have very unpleasant implications for him/her especially in Sarnia. Depending on the circumstances of the case, s/he may be made to pay fines and charges, in addition to enrollment to mandatory programs, restrictions on movement as a result of jail term, loss of employment, withdrawal of professional licenses, cancellation of insurance or higher insurance premiums and a host of other life changing penalties.

The Long-Term Impact of A DUI Conviction

A conviction for DUI in Canada will be visible on the Criminal records of the offender and these records may be accessible to organizations as well as future employers. This can have very dire and unpleasant consequences on a driver as any kind of criminal record will negatively impact the totality of the person’s life in terms of employability, ability to travel, and even accessibility to comfort such as mortgages and insurance.

In the event that s/he has any legal issues in future, the criminal record resulting from the conviction may make it more difficult to secure a lenient penalty. Furthermore, the ensuing loss of driving privileges particularly associated with DUI conviction may make life even more difficult especially where the person is involved in the business of transportation. The license suspension as well as compulsory programs like the ignition interlock and mandatory counselling may also make it less likely that s/he will be able to secure a job even if there was a willing employer.

Conclusion

Being charged with a DUI offence is considered a very serious criminal offence in Canada and even more so in Sarnia, Ontario. The consequences upon conviction can be very stressful and life changing. Hiring an experienced DUI lawyer to help navigate the process and secure the best possible outcome cannot be overemphasized. The best time to act is now! Book a free consultation with us today!