Windsor DUI Lawyers

Driving under the influence (DUI) is an American term. In Canada, it is classified in four main categories of offences:

• Impaired driving
• Over 80mg
• Refusal to provide a breath or blood sample
• Impaired care and control

DUI offences are taken very seriously and can have severe consequences, as outlined under the Criminal Code of Canada and Ontario’s Highway Traffic Act. These penalties may include fines, license suspension, higher insurance premiums, and possibly being required to enrol in an alcohol education program as well as an ignition interlock program.

The technical and complex nature of DUI offences, alongside the possibility of life-long consequences, is a risk that you should not take.

A diligent and experienced lawyer can help you navigate the legal processes, protect your rights and develop a strategic defence tailored to your specific case.

Overview of DUI Laws in Windsor, Ontario

Types of Charges:

1. Impaired Driving:
   1. An individual may be charged with impaired driving if a police officer reasonably believes that the driver is impaired by either drugs or alcohol. Since this charge is made without testing blood alcohol concentration (BAC), the police officer’s suspicions must be reasonably based on the driver’s behaviour, such as if the driver displays erratic driving, lack of motor coordination, slurred speech and unsteady gait. Furthermore, it must be proven that due to the use of drugs or alcohol, the driver’s ability to operate the vehicle was impaired.
2. Over 80mg Rule:
   1. Should a police officer have reasonable suspicion that a driver’s ability to operate a vehicle is impaired by the use of drugs or alcohol, they may submit that individual to blood alcohol concentration (BAC) testing. A screening device such as a breathalyzer device may be used to test BAC levels. Should BAC levels exceed 80 mgs of alcohol for every 100 mgs of blood, then a charge will be made.
3. Refusal to Provide a Breath or Blood Sample:
   1. Should a driver suspected of being impaired refuse to provide a breath or blood sample to a police officer, or if the sample provided is deemed to be insufficient, then they may face this charge.
4. Impaired Care and Control:
   1. This type of charge is made when a police officer has reasonable belief that an impaired individual has care and control of a vehicle, even if the vehicle is not in motion. Intention to drive is not a part of this offence. However, care and control can be exercised by the use of equipment that may unintentionally set the vehicle in motion. For example, if an impaired individual is sitting in the driver’s seat in a parked vehicle with the ignition turned on.

Penalties in Windsor Ontario, for a DUI:

S.320.14 of the Criminal Code of Canada, as well as Ontario’s Highway Traffic Act, outline and regulate DUI offences and penalties. Should bodily harm or death be a cause of a DUI offence, then an individual charged may face up to lifetime imprisonment depending on if the Crown prosecuted summarily or by indictment and the seriousness of the offence.

Other penalties can include a criminal record and higher insurance premiums, with the possibility of some insurance companies refusing to provide coverage. Below are further consequences of a DUI conviction.

First Offence

• Penalties as per Criminal Code
  • Minimum 1-year driving prohibition
  • Minimum $1000 fine
  • Maximum 3 years driving prohibition
  • Possibility of imprisonment for aggravated situations
• Penalties as per the Highway Traffic Act
  • 1-year license suspension
  • Mandatory completion of Remedial Measures Program (“Back on Track”)
  • Upon reinstatement of the license, a minimum of 1-year ignition interlock license

Second Offence

• Penalties as per Criminal Code
  • Minimum of 2 years driving prohibition
  • Maximum of 5 years driving prohibition
  • Minimum 30 days imprisonment
• Penalties as per the Highway Traffic Act
  • 3 years license suspension
  • Mandatory completion of Remedial Measures Program (“Back on Track”)
  • Upon license reinstatement, a minimum of 3 years of ignition interlock condition

Third Offence

• Penalties as per Criminal Code
  • Minimum of 3 years driving prohibition
  • Minimum of 120 days imprisonment
• Penalties as per the Highway Traffic Act
  • Lifetime license suspension → reducible to 10 years if certain requirements are met
  • Upon reinstatement of the license, a minimum of 3 years of ignition interlock license condition

Further Offences

• Penalties as per Criminal Code
  • Minimum of 3 years driving prohibition
  • Minimum of 120 days imprisonment
• Penalties as per the Highway Traffic Act
  • Lifetime license suspension

The Role of a DUI Lawyer in Windsor

A DUI lawyer in Windsor will work to gather evidence and analyze the Crown’s case for weaknesses to formulate a strong defence.

An experienced DUI lawyer can help you navigate through court processes, from examining the arrest procedure to ensuring that your Charter rights were not infringed upon to speaking to the right witnesses and experts.

A DUI lawyer can be invaluable in assisting you in reaching the desired outcome for a case by negotiating for a resolution with Prosecutors or defending you at trial.

Qualities to Look for in a Windsor DUI Lawyer

When choosing the right DUI lawyer to represent you, it is important to do your research. An experienced and skilful DUI lawyer will be best able to guide and help you through your situation.

Our dedicated team of DUI lawyers possess skills in negotiating, communication, and attention to detail. They are also experienced in navigating Windsor court procedures and discussions with judges and prosecutors, all of which contribute to our great success rates in DUI cases.

Risking the loss of your license and your livelihood and freedom is too great a burden. It’s recommended you speak with our committed DUI lawyers to see how we can help you mitigate the life-long consequences a DUI charge can have.

Benefits of Hiring a Local DUI Lawyer in Windsor

Hiring a local criminal defence lawyer in Windsor, Ontario, carries numerous benefits.

A local lawyer will be more familiar with the specific legal procedures in Windsor. Not only is our team of Windsor lawyers acquainted with local law enforcement, but they also have established relationships with local judges and prosecutors, which aids in their negotiations for resolutions.

Familiarity with the area is also beneficial in developing a strategic defence tailored to consider the specifics of the local context. Knowing local procedures and local legal authorities is beneficial in navigating through the legal processes in that area.

Cost of Hiring a DUI Lawyer in Windsor

Various factors can contribute to the cost of DUI legal services in Windsor. The complexity of a case, any additional court fees and the experience and success rate of a lawyer can all influence the cost of a lawyer.

Typically, the more experience and the higher the success rate that an impaired driving lawyer in Windsor possesses, the higher their fees are.

On average, the cost of hiring a DUI lawyer will range from $10,000 to $20,000. Notably, this fee is subject to change based on the various influencing factors such as the experience and reputation of the lawyer, the complexity of the case and other additional costs such as court fees.

To discuss further specifics and potential eligibility for legal aid, please contact one of our DUI lawyers.

Understanding the DUI Legal Process in Windsor

A series of observations and roadside testing will be utilized by the police to aid them in reasonably determining that a driver is impaired by drugs or alcohol. Slurred speech, unsteady balance and the smell of alcohol are all observations that an officer can use to reasonably suspect that an individual is impaired or over the legal limit.

Once an arrest is made, the driver will be taken back to a police station where they will undergo further screening, such as by taking a breathalyzer test or providing a blood sample. These tests will be utilized to determine if the individual’s BAC level is above 80 mg and if the individual is impaired.

Once a charge is made, the police will often provide the accused with a Promise to Appear, which can have the requirement that the individual is to attend for fingerprints and photographs at a later date. Notably, failure to comply with this requirement can lead to further criminal charges.

A Notice of Application for Increased Penalty will be served to the accused if they have a previous DUI conviction. This notice enables the Crown to rely on previous convictions to support a mandatory minimum imprisonment sentence and longer driving prohibitions.

In addition to being provided with either a Promise to Appear or a Notice of Application for Increased Penalty, upon being charged, the individual will also be given a 90-day administrative license suspension, the breath certificate and a computer printout of the intoxilyzer readings by the police.

The police will then work to build a “disclosure package” which consists of criminal information, a summary of the incident, detailed police and civilian witness statements, detailed police notebooks, a Certificate of Analysis and an Alcohol Influence Report as well as any video footage of the breath test procedure and any other available footage of the cell and hallway at the police station.

Once retained, our DUI lawyers will order the disclosure package from the Crown and analyse it for any weaknesses in the Crown’s case to develop defence strategies accordingly.

Typically, there will be a three-month ‘intake’ or court ‘remand’ process in which there will be the first appearance in front of a Justice of the Peace in the Ontario Court of Justice. This initial court appearance will often be followed by multiple others. However, with a few exceptions, the accused is generally not required to be in attendance at these court appearances if they have retained counsel and filed a ‘designation’ which shows that the accused has retained a particular lawyer. Our lawyers will guide you through all of these steps and help mitigate the stress associated with DUI cases.

Through this three-month remand period, our lawyers will work to review the disclosure package, interview you and any witnesses, attend court appearances, and work with the Crown Prosecutor and possibly the Judge to discuss your case. Our lawyers will enter negotiations to resolve your case and discuss with you possibilities of going to trial or entering a guilty plea. Moreover, they will work to build a strong defence aimed at getting the best possible outcome.

Frequently Asked Questions About DUI Charges in Windsor

What happens if I refuse a breathalyzer test in Windsor?

Refusing a breathalyzer test or providing an insufficient sample can result in a refusal to provide a breath or blood sample charge. This is one of the offences covered under DUI and can have serious consequences, such as license suspension, fines and possible imprisonment depending on if it is a first or repeat offence.

Can a DUI lawyer in Windsor get my charges reduced or dismissed?

Our experienced team of DUI lawyers will work to get your DUI charges reduced or dismissed. For further information tailored to your specific circumstances, contact one of our lawyers.

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

When choosing a DUI lawyer it is important to look at their experience and success rate. Having a local lawyer will also prove to be beneficial. Looking at client reviews and testimonials is a good method to utilize when researching which lawyer is best for you.

How does a DUI conviction affect my car insurance rates in Windsor?

A DUI conviction can result in car insurance rates at least doubling if not increasing by more. Depending on the seriousness of the charge, some insurance companies may also refuse to provide coverage.

Contact An Experienced Lawyer Today

DUI charges are a complicated area of law that can have serious impacts on all aspects of your life. Having an experienced and dedicated lawyer working to mitigate life-long consequences is essential. By working to protect your rights and helping you navigate through the legal process our lawyers will develop a defence strategy tailored to help reduce or even dismiss your DUI charges.

If you are facing a DUI charge, book a consultation with one of our DUI lawyers so that they can provide you with legal advice specific to your situation.