You Got Charged With A DUI, Now What?
A DUI is one of the most common criminal charges laid by police across Canada. Consequences for DUI’s includes fines, loss of driving privileges, a criminal record that may impact employment and travel possibilities and can include prison time for repeat offenders or serious cases. If you have been charged with a DUI, it is important to speak with an experienced criminal defence lawyer as soon as possible to discuss your legal options.
How Can I Get a DUI?
Section 253 of the Criminal Code makes it a criminal offence to operate a motor vehicle under the influence of alcohol, drugs or a combination of both. Section 253 makes it illegal to operate or have care or control of a vehicle when your ability to do so is impaired or if your blood alcohol concentration exceeds eighty milligrams of alcohol in one hundred milliliters of blood (over .08). If you are found guilty, the Criminal Code imposes a mandatory fine of $1,000 and a 1-year driving suspension for a first offence. If you are convicted a second time, the Minimum statutory fine is 30 days in jail.
Even if your blood alcohol concentration is under .08, provincial law in Ontario imposes quasi-criminal punishments for driving with alcohol in your system. Drivers 21 or under as well as novice drivers of any age cannot have any alcohol in their system. If caught driving with a blood alcohol concentration over 0 a driver 21 or under or a novice driver receives an automatic 24 hour suspension. Further, if convicted, the individual could face a suspension of at least 30 days and $60-$500 fine.
Driver’s under 21 or notice drivers of any age with a blood alcohol concentration between .05 and .08 may not be criminally charged, but will be given a 3-day roadside license suspension and a $198 penalty for the first offence. Repeat offenders face more serious consequences that can include longer suspensions, mandatory education programs and installing an ignition interlock that requires you to provide a sample of breath free of alcohol to start your vehicle.
If you have been charged with a DUI under provincial law, the Criminal Code or both, it is important to consult with a lawyer right away.
How Can Donnell Law Group Help?
If you have been charged with DUI, you have been detained and arrested by the police and likely subject to a search in the form of a breath or blood sample. Such conduct by the police demands respect for the fundamental freedoms in our society protected by the Charter of Rights and Freedoms. Our lawyers will seek to ensure that your Charter rights are preserved throughout the entire process.
The recent Ontario case of R v David, 2017 ONCJ 621 provides an example of how a lawyer successfully preserved his client’s Charter rights. The accused, Ms. David was operating her motor vehicle without lights on when stopped by two officers because of safety concerns. The investigating officer delayed in communicating the approved screening device demand required by law, and failed to provide the accused’s right to counsel in a timely manner. The accused’s section 8, 9, and 10(b) Charter rights were violated and the accused was acquitted.
Call Our Experienced DUI Lawyers Serving York Region, Ontario
If you or someone you know has been charged with a DUI or other criminal offence, a criminal defence lawyer at Donnell Law Group can assist you. While the end result of every case will turn on its own unique facts, hiring a lawyer at our law firm will help ensure your legal rights are protected. Donnell Law Group has 75 years of combined experience defending individuals charged with DUI’s and other criminal offences in Newmarket, Barrie and Toronto. A criminal defence lawyer can help you today when you call 905-476-9100.