Toronto DUI Lawyers
Last Updated: September 13, 2024
Driving Under the Influence (DUI), also referred to as impaired driving or drunk driving, is a criminal offence covered under Section 320.14 of the Criminal Code of Canada.
If the police believe an individual to have operated a motor vehicle, vessel, aircraft, or railway equipment while under the influence of drugs or alcohol, they may be charged with DUI.
According to statistics, over the past decade, impaired driving incidents have remained relatively stable, with an average of above 5,000 incidents being reported yearly. Two main DUI offences operate in Toronto: impaired operation/control and the charge of “over 80.” If you or your loved one has been charged with a DUI offence, it is important to hire an expert DUI lawyer in Toronto. This article will provide an overview of what a DUI charge is in Toronto and guide you in finding the best DUI lawyers in Toronto to fight your case.
Understanding DUI Charges in Toronto
320.14 (1) Everyone commits an offence who
(a) Operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;
(b) Subject to subsection (5), 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;
(c) Subject to subsection (6), has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or
(d) Subject to subsection (7), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.
It is important to note that to be charged with DUI, the vehicle does not need to be in motion. You can be charged with impaired driving if you are sitting behind the wheel while under the influence of alcohol or drugs. If you are found to have a Blood Alcohol Concentration (BAC) equal to or greater than 80 mg of alcohol in 100 mL of blood, you may be charged with “over 80.” Any BAC below 80 mg is considered legal, however anything over will be enough to impair your driving abilities.
Minimum Penalty for Summary and Indictment Convictions:
- The first offence is a minimum of $1,000 fine
- The second offence is a minimum of 30 days imprisonment
- There is an additional 120 days imprisonment for each subsequent offence
Maximum Penalties:
The maximum penalties vary depending on whether an individual is convicted summarily or by indictment.
- Summary Conviction: A maximum penalty of $5,000 fine or up to 2 years less a day imprisonment
- Indictment Conviction: A maximum penalty of up to 10 years imprisonment
Additionally, the Blood Alcohol Concentration (BAC) can impact the fine amounts as follows:
- First offence:
- A BAC equal to or greater than 120 mg but less than 160 mg of alcohol in 100 mL of blood has a minimum fine of $1,500
- A BAC equal to or greater than 160 mg of alcohol in 100 mL of blood has a minimum fine of $2,000
In the circumstances of impaired driving resulting in bodily harm or death, an individual may face up to 14 years imprisonment or, depending on the severity of the case, life imprisonment.
The Role of a DUI Lawyer
Once you have been charged with a DUI offence, it is important to obtain legal representation. Our criminal defence lawyers can help in every stage of your case, from obtaining bail with as minimal bail conditions as possible, gathering evidence, interviewing witnesses, applying any available defences, to representing you in trial, our lawyers are here to protect you and ensure your best possible outcome is achieved. Through providing precharge legal advice, you can obtain expert legal advice prior to proceeding with our services. Our lawyers will guide you on how to navigate your way through conversations with law enforcements, protecting you from self-incrimination. Our lawyers know how challenging it can be to navigate the criminal justice system. With the expert knowledge our lawyers possess regarding court processes, your journey will become less daunting. Contact us to book a free consultation to learn more about what our lawyers can do for your DUI charge.
Finding the Right DUI Lawyer in Toronto
Experience matters! When looking for the right criminal defence lawyer their experience and success in handling DUI cases are imperative. Our diligent team of DUI lawyers has experience in navigating through legal processes as well as in creating defence strategies that have proven successful. When looking for a DUI lawyer, it is important to research each lawyer and compare them to see which is best for you. Looking for positive reviews and lawyers with a strong focus on DUI law outside the court can help with your research. With extensive legal knowledge aiding in our lawyer’s high success rates in defending more than 10, 000 impaired driving and DUI cases, our lawyers are professional and able to guide you from start to finish for your DUI charge.
Some questions that you can ask our lawyers during consultations:
- How many DUI cases have you handled?
- What does your success rate look like for beating DUI charges?
- Should I plead guilty to a DUI and what are the consequences if I do?
- What does the legal process look like for my DUI case?
- What are the costs of hiring a DUI lawyer?
The Legal Process in DUI Cases
Before making an arrest, the police will often use a series of tests, such as the Standardized Field Sobriety Test (SFST), to reasonably determine if you are intoxicated. Once they have made an arrest, you will often be taken back to the police station for further examination and testing. While evaluating the evidence, this is where lawyers will look to ensure that your Charter rights have not been breached and that all equipment used was fully operational and used correctly.
After examining all the available evidence, our lawyers will enter pre-trial discussions with the Crown Prosecutors on your behalf. These discussions will often involve negotiating a resolution that if reached will eliminate the need to go to trial. However, if the desired outcome cannot be agreed upon, then the case will often proceed to trial where our lawyers will strategically employ defences to gain the best possible outcome.
DUI Defence Strategies
A DUI charge is taken very seriously in Canada. However, the best defence strategies are tailored to the specific circumstances surrounding the case. Our DUI lawyers will analyse the Crown prosecutor’s evidence to find weaknesses. This will allow them to develop a strategic defence aimed at challenging the validity of the evidence or the procedures surrounding how the evidence was gained. Below are some of the more common defences used:
- Certificate of Analyst: This defence is tailored towards challenging the validity of a certificate of analyst, which results from a breath sample test used to determine blood alcohol concentration (BAC) levels. Evidence proving that a BAC level reading was inaccurate can take the form of equipment being operated incorrectly, or equipment being faulty at the time of use.
- Identity: This defence is tailored towards challenging the validity of the accused being the perpetrator. Through the use of eyewitnesses, alibi, fingerprints, DNA, video surveillance and any other evidence, this defence strategy can be employed.
- Substance Was Consumed After Driving: This defence strategy revolves around proving that the accused consumed the intoxicating substance after the vehicle had been driven, and there were no reasonable grounds to believe that they would be required to provide a breath or blood sample.
- Necessity: This defence is applicable in cases where there is no other reasonable legal alternative to a situation, such as where the passenger is at risk of harm. For this defence to be successful, it must be proven that the distance driven was only that which was necessary to get the needed help.
- Breach of Charter Rights: This defence relies on the rights and freedoms of the accused being violated by the police either before or after the arrest or during the investigation, in which case some or all of the evidence against you may be excluded as per s.24(2) of the Charter.
Pricing for DUI Lawyers
The pricing for DUI lawyers varies depending on several factors, such as seniority, experience and success rate. With more experience and a higher success rate, the chances of beating your DUI charge increase which in turn, drives up the cost of the lawyer.
Our DUI lawyers use the Flat Rate Billing model, in which a DUI lawyer predetermines the total fees in advance for the services to be rendered. You will receive a quote on both the total overall fees expected as well as the flat fees for various portions along the way.
Although the cost varies depending on each case, the following outlines three ranges, providing a rough estimate of what cost to expect:
- Junior lawyers: Junior lawyers are relatively newer lawyers who have typically defended DUIs for up to 5 years, have reviewed hundreds of DUI cases, and have conducted many of their own trials. Lawyers falling into this category typically charge between $3,000 – $7,000 for a basic DUI case.
- Mid-level lawyers: These lawyers have been defending DUI charges for 5-15 years, handling possibly thousands of cases with a comfortable grasp of the legal issues and courtroom processes. Lawyers in this category typically charge around $10,000, give or take $2,500, for basic DUI cases.
- Top end lawyers: These lawyers have been handling DUI defences for at least 10-15 years, if not longer, and have seen a high demand due to their high success rate. Lawyers in this category typically charge around over $15,000 for basic DUI cases.
Once you have chosen which category of lawyer to work with, you will have to pay a retainer fee (AKA initial investigation fee), consisting of around one-third of the overall cost.
It is important to remember that the above-quoted values are rough estimates and costs for DUI lawyers may vary depending on several other factors. Higher-paid lawyers offer higher value in defending DUI cases. It is important to ask your lawyer what services and value they will be bringing to the table.
Frequently Asked Questions (FAQs)
What should I expect during my first meeting with a DUI lawyer?
While meeting with one of our diligent lawyers, you can expect that they will review any documents that you have been provided with from the police or the court. They will also discuss details about our fee structures and what the court process looks like, as well as what services they will render.
How can a DUI lawyer challenge the evidence against me?
Our experienced team of DUI lawyers will review the Crown Prosecutor’s evidence and analyse it for any weaknesses. By doing this, they will be able to develop a defence strategy tailored to your specific circumstances.
What experience and qualifications should a good DUI lawyer have?
A good DUI lawyer should have experience handling hundreds of DUI cases with a high success rate. Our lawyers have handled thousands of DUI cases, and during your initial consultation with our lawyers you can inquire as to their specific experience, qualifications and success rates as well as how they can help you.
Conclusion
Facing a DUI charge can be daunting, and with the possibility of life-long consequences, approaching it alone is a risk you should not take. Our expert lawyers will help analyse evidence, create a defence strategy and represent you at trial if necessary, to help you reach the best possible outcome. Book your free consultation with one of our lawyers for legal advice about your specific circumstances.
