Driving Under the Influence (DUI) offences involve operating a moving vehicle while intoxicated by alcohol or drugs. The three main types of DUI offences are:
- Impaired Driving
- “Over 80”
- Refusal/Failure to Provide a Breath or Blood Sample
One can be charged with impaired driving charges without the need for results from a breath or blood test. Evidence of impairment can be based upon different factors such as drugs or alcohol being present in the car and/or the individual’s inability to pass a sobriety test.
A person can be charged with “Over 80” if the breathalyzer or blood test results show they had over 80 milligrams of alcohol per 100 millilitres of blood in their body while operating a vehicle.
Refusal/Failure to take a Breath or Blood Test
Not willing to provide a breath or blood sample when asked by the police is also considered an offence. The conviction for this offence actually has the same penalties as a conviction for Impaired Driving and “Over 80”.
DUI Convictions Have Serious Penalties
DUI Offences carry Mandatory Minimum Penalties. These penalties are imposed immediately after conviction. If you are convicted of a DUI, the following mandatory minimum penalties are imposed:
- $1000 fine for a first offence;
- 30 days imprisonment for a second offence; and
- 120 days imprisonment for a third offence.
In addition, if convicted with a DUI, your driver’s license will be suspended for a minimum of one year. In Ontario, this suspension remains set until you meet certain requirements such as: paying off fines, completing an alcohol treatment program, and getting an interlock device installed in your vehicle. If your job or career requires you to operate a vehicle, a DUI conviction could seriously impact your ability to work again in the same field.
Norton Law Can Defend You Against DUI Charges
Even though DUI offences seem straightforward and easy-to-understand, each case is unique, which means it’s best to find an experienced lawyer to represent you in court. 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 instance, failing to provide him or her with the opportunity to consult a lawyer. This ultimately means that the defence can argue that the evidence gathered after the Charter breach, such as blood tests, should be invalid at trial.
If you have been charged with a DUI Offence, contact Norton Law today to explore all your options. As a criminal defense lawyer, Steve Norton takes great pride in passionately advocating for his clients and embraces a hard-won fight. Steve possesses a strong work ethic and adopts to his very core, the notion that hard work is what wins out at the end of the day. He leverages his vast trial experience to challenge the accuracy of police evidence and while countering all Charter arguments.
Are you located in the Greater Toronto Area and in-need of a criminal lawyer? Get in-touch with us today. We’re here for you 24/7!
Defending Drinking, Drugs and Driving Cases 2022 Edition – https://store.thomsonreuters.ca/en-ca/products/defending-drinking-drugs-and-driving-cases-2021-30836416
Impaired Driving in Canada, 6th Edition – https://store.lexisnexis.ca/en/categories/shop-by-jurisdiction/federal-13/impaired-driving-in-canada-6th-edition-skusku-cad-01005/details
Law Professional’s Guide to Investigating Impaired Driving, 4th Edition – https://www.blueline.ca/law-professionals-guide-to-investigating-impaired-driving-4th-edition-by-bryce-pashovitz/