Toronto Impaired Driving Lawyers Defending Against DUI Charges

Facing an operation while impaired charge (also commonly referred to as a “DUI”, “driving under the influence”, “driving while impaired”, or “DWI”) can trigger a cascade of legal and personal consequences. At Over 80 Law by Stephen Price & Associates, we recognize the weight of these charges. Our skilled impaired driving lawyers protect your rights and guide you through the complexities of the impaired conveyancing laws under the Criminal Code of Canada.

Driving While Impaired by Drugs or Alcohol and DUI Offences in Canada

Section 320.14 of the Criminal Code of Canada establishes a comprehensive framework for addressing impaired driving offences.

Operation While Impaired by Alcohol and/or Drugs

Section 320.14(1)(a) of the Criminal Code targets the classic scenario of driving under the influence of alcohol. The Crown must prove your ability to operate a vehicle was demonstrably impaired by alcohol. This impairment can manifest in various observable ways, including:

Diminished Coordination: Difficulty maintaining balance, slurred speech, or unsteady gait.
Slowed Reaction Times: Delayed responses to stimuli, impacting driving ability.
Impaired Judgment: Poor decision-making, such as reckless driving or disregard for traffic laws.
Observable Signs: Odour of alcohol, bloodshot eyes, etc.
Drug Recognition Expert (DRE) Evaluations: Standardized evaluations conducted by trained officers to assess drug impairment.

The Crown doesn’t need to prove a specific Blood Alcohol Concentration (BAC) to secure a conviction under this subsection. Observational evidence of impairment can be sufficient, sometimes administered through roadside impairment tests conducted by law enforcement.

Operation With Blood Alcohol Concentration of 80 mg or More

Section 320.14(1)(b) of the Criminal Code addresses situations where an individual has a blood alcohol concentration (BAC) equal to or more than 80 milligrams of alcohol per 100 millilitres of blood within two hours after they stop driving. Under this charge, the Crown only needs to prove your BAC exceeded the legal limit, regardless of whether your driving was visibly impaired.

Typical evidence used to prove this charge includes breathalyzer and/or blood tests. Due to the technical nature of this evidence, the accuracy and reliability of testing equipment and procedures can be critical factors in your defence.

Operation With Blood Drug Concentration Exceeding Prescribed Limits

Driving with an elevated concentration of drugs in your blood (within two hours after you stop driving) is prohibited by section 320.14(1)(c) of the Criminal Code. The Crown must demonstrate your blood contained the drug at or above the regulated threshold, which varies by drug type.

Evidence used by the Crown will include laboratory analysis of blood tests. The Crown may also support this evidence with testimony regarding observations of the driver’s impaired state, including dilated or pinned pupils, erratic behaviour, or disorientation.

Given the complexities of drug impairment, careful scrutiny of testing methodologies and expert evidence is essential for an effective defence strategy.

Operation With Combined Alcohol and Drug Concentrations Over Legal Limits

Section 320.14(1)(d) of the Criminal Code addresses cases where, within two hours of driving, an individual’s combined blood alcohol and blood drug concentrations meet or exceed a prescribed limit. The interaction between substances can be highly complex and vary by situation. As a result, a robust defence strategy will include an analysis of test accuracy and procedural compliance by law enforcement.

Understanding Your Rights When Facing Impaired Driving Charges

The Canadian Charter of Rights and Freedoms guarantees fundamental rights to every individual, including those accused of impaired driving. Crucial rights include:

Right to Counsel: You have the right to retain and instruct legal counsel without delay. This right is paramount from the moment you are detained or arrested.
Right to Reasonable Bail: You have the right not to be denied reasonable bail without just cause.
Right to a Fair Trial: You have the right to a fair and public hearing by an independent and impartial tribunal.
Right to be Presumed Innocent: You are presumed innocent until proven guilty beyond a reasonable doubt.
Right Against Self-Incrimination: You have the right to remain silent and not provide evidence that could incriminate you. However, refusing to provide a breath or blood sample when lawfully demanded to do so by police is a criminal offence and can result in penalties equal to (or, in some cases, harsher than) an impaired driving conviction.
Protection Against Unreasonable Search and Seizure: Police actions, including breathalyzer or blood tests, must comply with lawful procedures. Evidence obtained unlawfully may be subject to challenge and exclusion at trial.

Understanding these rights is crucial. Any violation of these rights can form the basis of a strong defence. Our firm meticulously examines every aspect of your case to identify potential Charter breaches.

Consequences of DUI Charges in Canada

A conviction for driving while impaired by drugs or alcohol can have far-reaching and devastating consequences, impacting your personal and professional life. These consequences include:

Mandatory Licence Suspension: The length of suspension varies depending on the offence and prior convictions, ranging from one year for a first offence to potentially lifetime suspensions. This can severely impact your ability to commute, work, and maintain your daily routine.
Substantial Fines: Fines can range from $1,000 for a first offence to significantly higher amounts for repeat offences or aggravating circumstances. These financial burdens can strain your resources.
Potential Imprisonment: Imprisonment is a real possibility, especially for repeat offenders or cases involving serious injuries or fatalities. This can lead to profound personal and familial disruption.
Criminal Record: A criminal record can hinder employment prospects, travel opportunities, and access to certain professions. It can also create social stigma and long-term consequences. Even a first-offence impaired driving conviction results in a permanent criminal record.
Increased Insurance Premiums: Insurance rates will significantly increase, making it expensive to insure your vehicle. This financial burden can last for several years.
Mandatory Rehabilitation Programs: Participation in mandatory alcohol or drug rehabilitation programs may be required. These programs can be time-consuming and costly.
Installation of Ignition Interlock Devices: Ignition interlock devices may be mandated, requiring you to provide a breath sample before starting your vehicle.
Impact on Employment and Travel: A conviction can affect your current employment and future job prospects and your ability to travel to certain countries.
Social and Personal Stigma: The social stigma associated with impaired driving can lead to personal and familial strain, affecting your relationships and community standing.

The Over 80 Law Approach to Impaired Driving Charges

At Over 80 Law by Stephen Price & Associates, we understand the gravity of these consequences. Our approach to defending operation while impaired charges is meticulous and strategic, focused on protecting your rights and achieving the best possible outcome. Our defence strategies include:

Challenging the Admissibility of Evidence: We scrutinize the evidence, including breathalyzer or blood test results, police reports, and witness statements, to identify any procedural errors or Charter violations.
Disputing the Accuracy of Breathalyzer or Blood Tests: We work with experts to challenge the accuracy and reliability of breathalyzer or blood test results, considering factors like calibration, maintenance, and individual physiological variations.
Examining Police Conduct: We meticulously review police conduct during the arrest and investigation to ensure that rights were protected. Any unlawful actions can lead to the exclusion of evidence.
Presenting Expert Testimony: We leverage expert testimony from toxicologists, medical professionals, and accident reconstruction specialists to challenge the Crown’s evidence and provide alternative explanations.
Negotiating with the Crown Attorney: We engage in strategic negotiations with the Crown Attorney to seek reduced charges or alternative resolutions, such as diversion programs or conditional discharges.
Identifying Charter Rights Breaches: We thoroughly investigate any way your Charter rights may have been breached. This can lead to evidence being excluded from the trial.
Reviewing Demand Validity: In cases involving a refusal to provide a breath or blood sample, we thoroughly examine whether the demand was made lawfully.

The Importance of Promptly Finding a DUI Lawyer

Prompt legal intervention is crucial in DUI cases. It allows for immediate rights protection, evidence preservation, strategic defence planning, early Crown negotiations, and a clear understanding of the legal process, improving your chances of a favourable resolution.

Contact Over 80 Law for a Robust Defence Against Driving While Impaired Charges in Toronto and Across Ontario

Facing an operation while impaired charge can be a life-altering experience. Retaining experienced legal counsel is paramount. At Over 80 Law by Stephen Price & Associates, our team of knowledgeable impaired driving lawyers is dedicated to providing unwavering advocacy and strategic representation, ensuring your rights are protected and your best interests are served.

We understand the stress and anxiety associated with impaired driving charges, and we are here to support you every step of the way. We proudly serve all cities and towns of all sizes, as well as small, remote communities in every part of the province. From Ottawa to Hamilton to Sault Ste. Marie to Guelph, we’re here to help, both virtually and in person. Contact us by phone at 416.365.0766 or online to schedule a free confidential consultation.