Getting charged with impaired driving is stressful, but it happens to people just like you every day. Knowing what to expect can make the process much more manageable and will help you make solid decisions for your defence. If you’re facing DUI charges in Ontario, a qualified DUI lawyer in Toronto can help protect your rights and minimize the impact.
Possible DUI Charges in Ontario
There are four different types of impaired driving charges in the Criminal Code of Canada:
Impaired Driving (Alcohol/Drugs)
This charge is applied to anyone found operating a vehicle while impaired by alcohol, drugs, or a combination thereof. There is no specific blood alcohol level required; the charge is based on officer observations and can be proven through physical coordination tests, driving patterns, or the driver’s behaviour.
Over 80mg/100ml Blood Alcohol
This charge, often called “over 80 DUI,” is used when the accused has a blood alcohol concentration (BAC) of 0.08 or higher within two hours of driving. This is the most common DUI charge in Toronto courts, and is proven through breathalyzer or blood test results.
Refusing to Provide Breath/Blood Sample
Failing or refusing to comply with a demand for a breath or blood sample (or providing an insufficient sample) carries the same penalties as impaired driving. Note that Toronto police must have reasonable grounds to request a sample.
Care and Control While Impaired
Having care and control of a vehicle while impaired, even if parked or sleeping in the vehicle, is an offence if the keys are accessible.
How DUI Charges in Ontario are Laid
Most DUI charges in Ontario start with a routine traffic stop or a roadside RIDE check. Here’s how the process typically unfolds:
- Police may pull you over for a traffic violation (like swerving or speeding), or you may be stopped at a RIDE checkpoint. If the officer smells alcohol, sees open containers, or notices signs of impairment, they can proceed to the next step.
- You may be asked to take a breathalyzer test or perform standardized field sobriety tests.
- If you fail or refuse the roadside test, or you show obvious signs of impairment, you’ll likely be arrested and taken to a police station for further testing, including a more accurate breath or blood test.
- After testing, the officer may lay criminal charges. You’ll be released with a court date or held for a bail hearing, depending on the circumstances.
- A court appearance will be scheduled, and a disclosure package of the evidence against you will be shared with your lawyer.
- The case is typically wrapped up with a plea deal, trial, or withdrawal of charges.
From the moment you’re stopped, everything you say and do matters. That’s why it’s important to remain calm, comply where required, and speak with a DUI lawyer in Toronto as soon as possible.
Penalties for DUI Charges in Ontario
Even before you go to court, you’ll face administrative consequences for DUI charges in Ontario. These include a 90-day license suspension and vehicle impoundment for at least seven days.
First-Time Charges
If it’s your first time facing DUI charges in Ontario, the mandatory minimum penalty is a $1000 fine and a one-year license suspension followed by 12 months’ participation in the ignition interlock program. You could also face jail time if there are aggravating factors such as causing an accident or having a child in the car.
You will also have a criminal record, which could affect your employment and travel options in the future. Working with a qualified DUI lawyer in Toronto can get your charges/penalties reduced or even dismissed.
Second Offences and Beyond
Subsequent DUI charges in Ontario carry much heavier penalties than first offences. If convicted, you could be facing:
- Mandatory jail time of at least 30 days.
- A longer license suspension and possibly prohibition from driving for up to several years.
- Increased fines, especially if there are aggravating factors like causing an accident or a high BAC.
- A longer criminal record, which can further affect your employment, travel, and immigration status.
- An ignition interlock device, for several years, to prevent you from starting your car if alcohol is detected on your breath.
- Much higher insurance costs; most insurance providers will classify you as high risk if you’re not dropped as a client altogether.
- Mandatory participation in Ontario’s Back on Track Program.
For subsequent offences, DUI charges in Ontario get even more serious; you could face a minimum 120 days imprisonment, a lifetime driving prohibition, indefinite ignition interlock requirements, vehicle forfeiture, and even designation as a dangerous offender.
Possible Defences to DUI Charges in Ontario
Once you hire a DUI lawyer in Toronto, they will get to work on your case immediately. There are several common defences that they might use, including:
- Arguing that your charter rights were violated (ex, the traffic stop was unlawful; you weren’t given access to a lawyer).
- The breathalyzer was faulty or the testing procedure was flawed.
- There were medical explanations for the signs of impairment, such as prescription medications or a sudden medical condition.
- You were not in care and control of the vehicle (ex, the keys were in the trunk; you were sleeping in a parking lot or driveway with no intention to put the car in motion).
Every impaired driving case is different, so these strategies may not be the ones used in your situation. A skilled DUI lawyer in Toronto will work with you to identify the best approach to your defence.
Hiring a DUI Lawyer in Toronto
If you’re facing an impaired driving charge, hire an experienced lawyer in Toronto as soon as possible. Getting to work on your case quickly is essential to achieving the best outcomes.
In addition to a thorough understanding of how to handle DUI charges in Ontario, a qualified Toronto lawyer will know the local police procedures, the courts, the court staff, and the prosecutors who will be involved with your case. With this in hand, your lawyer will fight for the best outcome for you, get you the information you need to make smart decisions, and guide you through the system from the beginning of your case to the end.
About Zamani Law
If you’re facing impaired driving charges and need a DUI lawyer in Toronto, put your trust in the team at Zamani Law. Led by renowned criminal lawyer Farid Zamani, Zamani Law has the skill, experience and resources to protect your rights and build a robust defence for you. Once we take on your case, we will work tirelessly to get the best result possible for you.
Contact Zamani Law today for a free consultation.
