A DUI (Driving Under the Influence) refers to a charge where a driver operates a vehicle while impaired by alcohol, drugs, or other substances. As per Statistics Canada, around 20,000 DUI cases are processed every year in the Ontario court system. A DUI charge can result in a criminal record, imposition of fines, license suspension, etc.
The chances of winning a DUI case in Ontario are 50/50. A skilled DUI lawyer can dismantle the prosecution’s case by using logical arguments during procedural defenses. This article talks about how a DUI lawyer in Toronto builds a strong defense strategy.
Key TakeawaysÂ
- DUI cases are highly prevalent in Canada.
- Hiring a DUI lawyer helps to get away from the charge.Â
- They prepare a defense strategy by reviewing the evidence, checking the test results, and checking for any violation of the Canadian Charter of Rights.Â
What Happens During a DUI Stop?
In Canada, a driver faces charges if the blood alcohol concentration is 0.08 (80 mg of alcohol per 100 ml of blood) or more. Well, you are in the warning range if the blood alcohol concentration is between 0.05 and 0.079. Well, you cannot possess any trace of alcohol in your system if you are:
- 21 years old or underÂ
- A driver of any age holding a G1, G2, M1, or M2 licence
- Driving a vehicle that needs an A-F driver’s licenceÂ
- Driving a road-building machineÂ
When you are detected with an alcohol sign, the police officer lets you perform a series of field sobriety tests to determine if you are impaired. Based on reasonable grounds to believe that a driver is impaired, the accused person can be taken to the police station for further testing.
What You Should Do During a DUI Stop?
DUI defense attorneys will save you when the case will appear on the court. Well, you have some responsibilities during the DUI stop. Here are some suggestions.
- Always cooperate with the officer
- Stay silent, but don’t admit guilt
- Comply with sobriety testsÂ
- Contact a DUI lawyer
How a DUI Lawyer Prepares a Strong Defense Strategy?
When you face a DUI charge, the first thing you need to do is to hire an experienced DUI lawyer in Toronto. Let’s understand how the professionals defend the prosecution’s case.
Thorough Review of EvidenceÂ
Time is important in capturing memories and securing evidence, both of which are prone to alteration. A DUI lawyer studies the incident well before designing the defense’s case. The individual evaluates police notes, toxicology reports, and cruiser video footage to find out if there is any inconsistency.
The first thing the lawyer tries to understand from assessing the evidence is whether the police had a reasonable suspicion to stop the car. A thorough analysis of the available evidence helps to understand how to fight the case and whether there is any scope for lowering the punishment.
Checking the Validity of Test ResultsÂ
You have to go through a series of tests when the police suspect you of impaired driving. For example, you are made to breathe through the breathalyzer. The lawyer scrutinises calibration logs and maintenance records to understand whether the test result is accurate.
While you are accused of DUI, the test must be taken within two hours of driving. Also, there should be a 15-minute gap between the samples. These are checked by DUI defense attorneys to identify any procedural mistakes. Lawyers also assess whether the BAC was below 0.08% at the time of driving but spiked afterwards.
Considering the Canadian Charter of RightsÂ
If a police officer stops your vehicle and suspects that you are under the influence of drugs or alcohol, you will have to engage in several tests. In such scenarios, you have some rights that you can consider under the Canadian Charter of Rights.
A DUI lawyer in Toronto checks whether the prosecution was allowed to administer his or her rights. These include:
| Sections | What is it |
| Section 9 (Right to Counsel) | The accused has the right to call a lawyer in private immediately |
| Section 8 (Unreasonable Search and Seizure) | The DUI lawyer can challenge the search of the car or the breath sample if reasonable grounds lack |
| Section 11(b) (Right to a Timely Trial) | Addressing excessive delays in the court procedure |
Table: Key sections of the Canadian Charter of Rights on DUI charges
When the DUI lawyer obtains adequate knowledge of the case and checks all the related aspects, he or she creates a strong defense strategy.
Alternative Defenses and Strategic NegotiationÂ
Apart from the traditional process, there is a scope for choosing the alternatives. In some cases, a DUI lawyer in Toronto can also go for a strategic negotiation. Let’s understand.
- Care and Control Issues: DUI lawyers can argue that the accused was not operating the vehicle. Like, they can state that someone else was driving, and the suspected person was in the backseat. Well, a strong argument is required here.Â
- Medical Conditions: Often, lawyers use medical records to prove that the accused possess specifc medical conditions like acid reflux, neurological problems, etc. These conditions mimic impairment and can save the client.Â
- Negotiating a Plea Deal: It is tough to defend the case if the accused has a BAC of well over 0.08. In such a case, DUI defense attorneys work with the Crown to lower the charge to a less serious offense. This helps you avoid a criminal record.Â
Dealing with a DUI Charge? Get the Right Legal Help
Find a renowned DUI lawyer’s firm in Toronto. Consult with a qualified and skilled lawyer to get your charge dismantled or reduced. Get free from the accusation within a short span.