Criminal Law
DUI Lawyers
Criminal Law
DUI Lawyers
One of the ill-advised things you can do when you are drunk or high on drugs is to get behind the steering wheel of a car. Driving under the influence not only endangers the life of the driver but also puts the lives of other passengers and pedestrians in danger as well. If you ever made the mistake of driving under the influence, you will need the assistance of a DUI lawyer experienced in such cases to ensure that you get a fair trial and due process available under the law.
What constitutes an impaired driving offence?
While you might be familiar with phrases like driving under the influence (DUI) or driving while intoxicated (DWI), it is worth mentioning here that the legal term for the offence under Canadian law is impaired driving. If you are operating a car or any other motor vehicle under the influence of drugs or alcohol or both, you have committed the offence of impaired driving. It is considered a serious criminal offence under various sections of the Criminal Code and the Highway Traffic Act.
What are the different types of impaired driving?
Impairment from alcohol:
If you have a blood alcohol level of 0.08% and above while driving, this will be treated as impaired driving. 0.08% translates to 80 mg of alcohol per 100 ml of blood taken within 2 hours of your driving.
Impairment from cannabis:
Impaired driving offences in the case of cannabis fall under two categories depending on the level of this psychoactive substance in the blood. A minor offence of impaired driving will be applied in some provinces if the presence is between 2 to 5 nanograms per 1 ml of blood. Any amount above 5 ng will attract a more serious offence under the law.
Impairment from other drugs:
If the blood test from a sample taken within 2 hours of your driving confirms that you were driving under the influence of any drugs such as opioids, LSD, ketamine, psilocin, PCP, psilocybin, methamphetamine, and cocaine, this will be treated as impaired driving. The level for GHB is set at 5 mg or higher per 1 litre of blood, as this drug is present in the blood naturally at lower levels.
Impairment from both cannabis and alcohol:
A combination of both cannabis and alcohol in the blood will also be treated as impaired driving. In this case, the prohibited levels are 50 mg per 100 ml of blood for alcohol and 2.5 ng or higher THC per 1 ml of blood for cannabis.
Refusal to cooperate in taking a blood test or a breathalyzer test:
Any refusal to cooperate with the authorities for drawing blood or taking a breathalyzer test will also be charged as a criminal offence, and the driver will be charged accordingly.
What are the legal consequences of impaired driving?
The laws governing impaired driving vary slightly across the provinces and territories. Some provinces impose strict penalties and sentences for the first offence itself. In all cases, the penalties and sentences will start becoming severe on subsequent and repeated offences. While the particular circumstances will decide the final penalties and sentence in each case if convicted, most impaired driving offences will attract the following penalties under the law.
Warn-range penalties:
In Ontario, any drivers found to be operating their vehicles with blood alcohol levels between 0.05 and 0.079% will be subject to fines and license suspension under provincial laws without any criminal offence.
For the first impaired driving offence under provincial laws:
- Fine: $550.
- License suspension: 90 days, effective immediately.
- Vehicle impoundment: 7 days.
- License reinstatement: only upon paying additional fees.
First-time offence under the criminal code:
- Fine: starting from $1000. Depending on the alcohol content in the blood, this can go above $2000. Plus, court fees and victim fine charges.
- License suspension: Minimum 1 year.
- Imprisonment in serious offences: up to 10 years.
- Criminal record.
- Mandatory participation in an education program.
- Mandatory installation of an ignition interlock device in the vehicle for a minimum of 1 year. This device screens your breath for alcohol content and, if detected, prevents the engine from starting.
Second offence of impaired driving under provincial laws:
A repeated impaired driving offence within 10 years of the first one will attract more severe penalties.
- Fine: $550.
- License suspension: 90 days, effective immediately.
- Vehicle impoundment: 7 days.
- Mandatory participation in an education program.
- License reinstatement: only upon paying additional fees.
Second offence of impaired driving under the criminal code:
- Fine: starting from $1000. Plus, court fees and victim fine charges.
- License suspension: Minimum 3 years.
- Mandatory minimum sentence: 30 days. This will be 120 days if the blood alcohol level is above 0.16.
- Imprisonment in serious offences: up to 10 years.
- Criminal record.
- Mandatory participation in an education program.
- Mandatory installation of an ignition interlock device in the vehicle for a minimum of 3 years.
If the second offence happened within 5 years of the first one, harsher penalties may be imposed for public safety.
Third offence of impaired driving under provincial laws:
A third impaired driving offence within 10 years will attract more severe penalties.
- Fine: $550.
- License suspension: 90 days, effective immediately.
- Vehicle impoundment: 7 days.
- Mandatory participation in an education program.
- Mandatory installation of an ignition interlock device in the vehicle for a minimum of 6 months.
- License reinstatement: only upon paying additional fees.
Third offence of impaired driving under the criminal code:
- Fine: starting from $1000. Plus, court fees and victim fine charges.
- License suspension: Lifetime suspension, which may be reduced to 10 years in less severe cases. An automatic lifetime suspension if the accident caused the death of someone.
- Mandatory minimum sentence: 120 days.
- Imprisonment in serious offences: up to 10 years.
- Criminal record.
- Mandatory participation in an education program.
- Mandatory installation of an ignition interlock device in the vehicle for a minimum of 6 years.
- Probation order requiring participation in a treatment program.
- Mandatory medical assessment to confirm your eligibility to drive.
A fourth offence of impaired driving automatically results in a permanent lifetime suspension of a driving license.
How can a DUI lawyer help you?
Preparing your case and legal defence:
A knowledgeable criminal lawyer will know how to approach the impaired driving case to prepare the best defence to protect his client’s interests. He will check different aspects of the case, such as:- Was the defendant informed of his Charter rights before placing him under arrest?
- How accurate and well-maintained was the breathalyzer?
- Were the field sobriety tests conducted properly?
- Was there a valid reason for stopping the defendant in the first place?
Trying to get the charges reduced or dismissed
Reduction of charges: If possible, your lawyer will negotiate with the prosecution for the charges to be reduced. This will help in avoiding a criminal record. For example, while impaired driving is a criminal offence, the reduced charge of careless driving is not. Dismissal of charges: If it seems that there is not enough evidence to make the charges stick, your lawyer can request that the charges be dismissed.Removing the license suspensions:
Appeal in case of errors in procedure: If there are procedural errors involved, your lawyer will appeal against the license suspension. Reduction in the suspension period: In some cases, in exchange for agreeing to install an ignition interlock device, it might be possible to reduce the suspension period.Trying to avoid a criminal record
A criminal record will negatively affect your career prospects and might even impede your travel to certain countries. Your lawyer will try to secure a discharge in order to avoid a criminal record.Legal Representation
When the case goes to court, your lawyer will provide legal representation and defend you in court.We can Help
If you are dealing with impaired driving charges, get in touch with our criminal defence lawyers for tailored legal guidance. Our experienced DUI lawyers will ensure that your rights are protected and that you receive a trial that is just and fair. Get in touch with our criminal lawyers today for a consultation.
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Frequently Asked Questions
Will an impaired driving conviction negatively impact my insurance premiums?
Yes. If convicted of an impaired driving offence, your insurance premiums will most likely go up, and some insurance service providers might even refuse to give you coverage.
What is the ‘care or control’ category of impaired driving offence?
This is a slightly confusing aspect of the impaired driving offence, which implies that the person charged with the offence need not be driving at all. To be precise, the word used in the criminal code is not ‘drive’ but ‘operate.’ According to the law, a person who is operating or assisting in operating or has care or control of the vehicle while under the influence of alcohol or drugs can be charged with impaired driving. In other words, while not driving, if you are seated behind the wheel with keys in your hands, you could still be charged with impaired driving.
Can I avoid the impaired driving offence by refusing to take the blood test or breathalyzer test?
No. Refusal to cooperate in this manner will automatically result in the same legal penalties as in an impaired driving offence.