Driving Under the Influence (DUI) offences involve driving while intoxicated by drugs or alcohol. There are three main types of DUI offences:
- “Over 80”
- Impaired Driving
- Refusal/Failure to Provide a Breath or Blood Sample.
An individual can be charged with “Over 80” if the results of a breathalyzer or blood test indicated he or she had over 80 milligrams of alcohol per 100 millilitres of blood in his or her body while operating a vehicle. It does not matter if the individual did not appear impaired at the time.
Impaired Driving charges do not require the results of breath or blood tests. Evidence of impairment can be based upon factors such as the presence of drugs or alcohol in the car and/or the individual’s inability to pass sobriety tests.
Refusal/Failure to Provide a Breath or Blood Sample
Refusing or failing to provide a breath or blood sample when requested to do so by a police officer is an offence in itself. A conviction for this offence carries the same penalties as a conviction for “Over 80” or Impaired Driving.
DUI Convictions carry Serious Penalties
DUI Offences carry Mandatory Minimum Penalties. These are penalties that must be imposed upon conviction. If you are convicted of a DUI, the following mandatory minimum penalties must be imposed:
- $1000 fine for a first offence;
- 30 days imprisonment for a second offence; and
- 120 days imprisonment for a third offence.
Furthermore, if convicted of driving under the influence, your license will be suspended for a minimum of one year. In Ontario, this suspension will remain in place until you meet certain requirements, including paying fines, completing an alcohol treatment program and having an interlock device installed in your vehicle. If your job requires you to drive as part of your employment, a DUI conviction could seriously impact your livelihood.
Our Criminal Lawyers Provide Strong, Effective Defences Against DUI Offences
While DUI offences may seem fairly straightforward, many cases are quite technical and are best handled by a lawyer with experience in this area. There are many ways to challenge the Crown’s evidence and several defences available to accused individuals. Moreover, this area of the law is well-suited to Charter arguments. In many cases, the police have breached an individual’s rights under the Charter of Rights and Freedoms—for example, by failing to provide him or her with the opportunity to consult a lawyer—and thus the defence can argue that evidence gathered after the Charter breach, such as breath samples, should be inadmissible at trial.
If you have been charged with a DUI Offence, contact the team of criminal defence lawyers at Hicks Adams LLP to explore your options and the defences available to you. As one of the largest criminal law firms in Canada, Hicks Adams LLP has considerable resources to put towards defending your DUI charge. Our lawyers will use their extensive trial experience to vigorously challenge the accuracy of police evidence and fearlessly raise all possible defences and Charter arguments.
Contact Us for a Free DUI Consultation with an Experienced Criminal Defence Lawyer
Our experienced Toronto criminal lawyers are ready to defend you against all manner of DUI charges including Over 80, Impaired Driving and Failure to Provide a Breath or Blood Sample. Call us at 416-975-1700 or contact us online for a free consultation.