DUI Lawyer Brampton

DUI Lawyer Brampton

DUI Lawyer Brampton: Understanding DUI Charges in Canada

Canadian drivers may wonder what a DUI arrest involves. Essentially, DUI refers to a criminal offense for driving under the influence of alcohol or drugs, or having a blood alcohol concentration (BAC) or drug level above the legal limit. However, DUI isn’t just about alcohol, as other substances can also lead to legal consequences. Fortunately, our lawyers can offer guidance through the complexities of DUI law.

What Defines a DUI?

A DUI charge typically indicates a criminal offense for operating a vehicle while impaired by drugs or alcohol. Police officers assess impairment through BAC tests, field sobriety exercises, or station-based physical tests that help reveal if a driver is impaired. Different terms, such as DUI, DWI, DUIL, OWI, and impaired driving, may be used to describe this offense.

Can Recreational Drugs Cause DUI Charges?

Yes, recreational drugs like marijuana can impact a person’s ability to drive. If law enforcement concludes that drug use, even in small amounts, impairs your driving ability, you can face charges for driving while drug-impaired. This also applies to some prescription medications that may affect driving.

Legal Alcohol Limits

The legal BAC threshold is 80 mg of alcohol per 100 mL of blood. A BAC at or above this level can lead to a DUI arrest. The Ministry of Transportation (MTO) also advises that drivers with BAC between .05 and .08 (known as the “warn range”) may face non-criminal penalties, including fines and licence suspensions.

Penalties for DUI Offenses

A first DUI conviction carries a minimum $1,000 fine and a driving ban of 1 to 3 years, depending on the case details. Higher BAC levels may result in increased fines of $1,500 or $2,000. For a second offense, the minimum penalty is 30 days in jail and a 2 to 10-year driving prohibition, and the MTO will suspend the licence for 3 years if the previous conviction was within 10 years. For a third offense, the mandatory minimum is 120 days in jail and a 3-year driving ban, with a lifetime suspension if prior convictions were within 10 years.

The maximum jail term for a DUI varies depending on how the Crown chooses to prosecute. A summary conviction allows for up to 2 years less a day in jail, while an indictable offense can lead to a maximum of 10 years in prison.

During the driving prohibition, even first-time offenders may need to install an ignition interlock device at their own expense.

Is a DUI Conviction Public?

Yes, a DUI conviction is accessible to potential employers and the public. However, you can apply for a record suspension (formerly a ‘pardon’) 5 years after the prohibition period ends. If found not guilty, you should ask your lawyer to remove your fingerprints and police record. A conviction requires paying fines and waiting 5 years post-sentence to apply for a record suspension.

Consequences of a DUI Conviction

Convictions carry serious costs, potential jail time, and mandatory driving bans. First-time offenders typically face a fine and at least a one-year driving prohibition. The MTO may allow driving with an ignition interlock device after a judge-set period known as the “absolute prohibition period.” Aggravating factors—such as an incident on a major highway or having minors in the vehicle—may lead to jail time, even for first offenses.

If an impaired driver causes injury or death, the charges escalate to “impaired driving causing bodily harm” or “death,” with sentencing ranging from months to years in prison, depending on the severity.

Why Hire a DUI Lawyer?

Hiring a DUI lawyer can be a crucial step for anyone facing charges related to driving under the influence. Here are several reasons why it’s beneficial:

1. Legal Expertise: DUI laws can be complex and vary significantly by state. A specialized DUI lawyer understands the specific laws and procedures in your jurisdiction, which can help navigate the legal system effectively.

2. Protection of Rights: A DUI lawyer ensures that your rights are protected throughout the legal process. They can identify any violations of your rights that occurred during the arrest or investigation, which may lead to the dismissal of charges.

3. Case Evaluation: A qualified DUI lawyer can assess the details of your case, including the evidence against you, and determine the best defence strategy. They can evaluate aspects such as the legality of the stop, the accuracy of the breathalyzer or field sobriety tests, and any potential mitigating circumstances.

4. Plea Bargaining: DUI lawyers often negotiate with prosecutors on behalf of their clients. They can help you secure a plea deal that may reduce the charges or penalties, potentially avoiding a conviction or minimizing the impact on your record.

5. Sentencing Alternatives: If convicted, a DUI lawyer can advocate for alternatives to traditional sentencing, such as rehabilitation programs or community service, which can help mitigate the consequences of the conviction.

6. Trial Experience: If your case goes to trial, having a lawyer with experience in DUI cases is essential. They can present a compelling defence, cross-examine witnesses, and challenge the prosecution’s evidence effectively.

7. Future Implications: A DUI conviction can have long-lasting effects on your life, including increased insurance rates, employment challenges, and potential loss of driving privileges. A skilled DUI lawyer can help minimize these consequences and protect your future.

Overall, hiring a DUI lawyer can significantly influence the outcome of your case, helping to protect your rights, reduce penalties, and achieve the best possible resolution.

Charter Defences for DUI Charges

In cases of drinking and driving, it is often possible to mount a defence by demonstrating that law enforcement or other authorities violated your rights as set forth in the Canadian Charter of Rights and Freedoms. A DUI investigation that includes breath tests may involve the following constitutional rights. If any of these rights are breached before breath tests or other evidence collection, it may be possible to exclude that evidence and obtain an acquittal on a charge of impaired driving, over 80, or refusal to provide a sample.

Right to Be Secure Against Unreasonable Search or Seizure – Section 8

Section 8 of the Charter protects against unreasonable searches and seizures. Breath samples obtained by police at the station qualify as a seizure. To lawfully seize these samples, police must have reasonable grounds to believe an individual has committed a DUI offense. Generally, a “fail” on a roadside screening device, coupled with other signs of impairment, provides reasonable grounds for arrest.

For defence, the device used must be shown to be in proper working condition. If police relied solely on a “fail” from a malfunctioning device, the seizure could be ruled unreasonable, excluding subsequent breath-test results. Similarly, for impairment-related arrests, signs such as speeding, lane weaving, alcohol odor, and red eyes are typically sufficient. An arrest based on minimal indicators (e.g., speeding and an alcohol odor alone) may be deemed unreasonable.

Right Against Arbitrary Detention – Section 9

Under Section 9 of the Charter, every individual has the right not to be arbitrarily detained. When police conduct a stop, it constitutes a detention. Police are only authorized to stop an individual if they have an “articulable cause”—a set of objective and identifiable facts that reasonably support a suspicion of criminal activity. A mere suspicion or “hunch” is insufficient, even if it later proves accurate.

However, some laws permit random stops to check for driver’s licenses, insurance, sobriety, and vehicle safety, which the Supreme Court of Canada has upheld due to their role in detecting impaired drivers. For defence, if police stop you based on an unrelated suspicion (e.g., concealing weapons) and subsequently charge you with a DUI after detecting alcohol, the evidence obtained may be excluded on grounds of arbitrary detention.

Right to Counsel – Section 10(b)

Section 10(b) of the Charter guarantees the right to counsel upon arrest. Before any breath tests, you must be informed of this right and allowed to speak to a lawyer without delay. Breaches of this right can lead to the exclusion of breath-test results.

1. Language Requirements: Officers must explain this right in a language you understand. If English is not your first language, an interpreter may be required, as in cases like R. v. R.D.

2. “Hold Off” Requirement: If you request to speak to a lawyer, police must refrain from collecting further evidence until you’ve had that opportunity. Any questioning or testing prior to your consultation with counsel may infringe this right.

3. Choice of Counsel: Police must take reasonable steps to facilitate contact with the lawyer of your choice. If your lawyer is not immediately available, police may need to wait, rather than insisting you speak with duty counsel.

Indicia of Impairment Defences

In DUI cases, the defence can argue against the prosecution’s case by presenting various indicia of impairment defences. Here are some common defences and factors that can be considered:

1. Field Sobriety Tests: Challenge the administration and accuracy of FSTs. Arguments may include improper training of the officer administering the tests, conditions that may have affected performance (e.g., weather, surface, footwear), and/or medical conditions or physical disabilities that impair balance or coordination unrelated to alcohol or drugs.

2. Breathalyzer and Blood Tests: Argue that the testing equipment was not properly calibrated or maintained, leading to inaccurate readings. Or alternatively, for blood tests, challenge the collection and handling of blood samples, including chain of custody issues and the presence of contaminants.

3. Time Between Arrest and Testing: If there was a significant delay between the time of driving and the time of testing, it may be argued that any impairment could have dissipated by the time the test was administered.

4. Subjective Observations: Challenge the officer’s subjective observations of impairment, such as slurred speech or bloodshot eyes, which can also be caused by other factors (e.g., allergies, fatigue), or driving behavior that may not indicate impairment (e.g., careful driving).

5. Medical Conditions: Present evidence that the individual had a medical condition that could mimic signs of impairment, such as neurological disorders, diabetes or low blood sugar, or other medical issues affecting balance or coordination.

6. Inaccurate DUI Indicators: Challenge the indicators of impairment noted by the officer, such as misinterpretation of behavior due to anxiety or stress.

7. Deficient Evidence of Driving: Argue that there is insufficient evidence that the defendant was actually driving the vehicle while impaired, such as the vehicle was parked, and the individual was not in operation at the time of the officer’s arrival.

DUI Lawyer Brampton: Our defence strategies are tailored to the unique circumstances of your case and the evidence at hand. It is crucial to collaborate with a legal professional who can customize your defence approach based on the specifics of your situation. Contact us today to discuss the details of your case and let us fight to protect your rights.