Being charged with a DUI in Toronto can be a stressful experience. A criminal impaired-driving charge can potentially affect your driving privileges, employment, finances, insurance, and future plans. If you are facing an impaired-driving allegation, understanding the legal process and obtaining appropriate legal advice can help you make informed decisions about your case.
Although the term “DUI” is commonly used, Canadian criminal law generally refers to these offences as impaired driving. The Criminal Code addresses driving while impaired by alcohol or drugs, operating a vehicle with a prohibited blood-alcohol concentration, and certain other driving-related offences.
What Is a DUI in Canada?
In Canada, impaired driving can involve alcohol, drugs, or a combination of substances. The Criminal Code makes it an offence to operate a conveyance while one's ability to operate it is impaired to any degree by alcohol, a drug, or a combination of both. It also establishes offences relating to having a blood alcohol concentration at or above prescribed limits within two hours of operating a vehicle.
The circumstances surrounding an alleged offence can vary considerably. Factors may include the reason for the traffic stop, police observations, roadside testing, breath testing, blood testing, and other evidence collected during the investigation.
How a Toronto DUI Lawyer Can Help
A Toronto DUI lawyer can review the circumstances of an impaired-driving investigation and explain the legal options available. This may involve examining police notes, disclosure, testing procedures, officer observations, witness evidence, video footage, and other relevant information.
A lawyer may also assess whether proper procedures were followed during the investigation. Canadian criminal law contains specific requirements relating to demands for breath or blood samples and the collection and use of evidence.
The appropriate defence strategy depends on the individual facts of the case. A lawyer can explain whether there are evidentiary, procedural, or Charter-related issues that may need to be considered.
Common Impaired Driving Allegations
A person investigated or charged in Toronto may face allegations involving:
Driving while impaired by alcohol
Driving while impaired by drugs
Driving with a blood alcohol concentration over the applicable limit
Refusing or failing to comply with a lawful demand
Impaired driving causing bodily harm
Impaired driving causing death
The potential consequences can become significantly more serious when an allegation involves injury, death, or previous impaired-driving convictions.
What Happens After a DUI Charge?
The criminal process can involve several stages. Depending on the circumstances, an accused person may be released with conditions or required to attend a bail hearing. The case can then proceed through disclosure, court appearances, pre-trial discussions, applications, negotiations, or trial.
Understanding the conditions of release is particularly important. If the court imposes restrictions, the accused person must follow them unless they are legally changed or removed.
A Toronto DUI lawyer can explain what to expect at each stage and help ensure that important procedural requirements and court dates are addressed.
Reviewing Breath and Alcohol Testing Evidence
Breath-testing evidence can be an important part of an impaired-driving prosecution. Canadian law establishes specific requirements for demands for samples and other aspects of impaired-driving investigations.
A defence lawyer can review the available disclosure to determine how the testing was conducted and whether there are issues that should be investigated further. This may include examining the circumstances surrounding the demand, the timing of testing, records relating to approved instruments, and other relevant evidence.
The existence of a breath-test result does not mean that every case should be approached in exactly the same way. Each case requires an assessment of its particular evidence and circumstances.
Potential Consequences of a DUI Conviction
Impaired-driving convictions can have significant consequences. Depending on the offence and circumstances, consequences can include fines, driving prohibitions, criminal records, and other court-imposed penalties.
Additional practical effects may include increased insurance costs, employment difficulties, and complications with travel. The consequences can be more serious for repeat offences or cases involving bodily harm or death.
Because the potential consequences vary depending on the charge and circumstances, obtaining case-specific legal advice is important.
Why Choosing the Right Lawyer Matters
When looking for a Toronto DUI lawyer, consider the lawyer's experience with impaired-driving cases rather than relying only on general criminal-law experience.
Useful questions to ask during a consultation include:
How frequently do you handle impaired-driving cases?
Will you personally handle my case?
What evidence should be reviewed?
What are the possible outcomes?
What court appearances should I expect?
What are the legal fees and what do they cover?
Are there additional costs if the matter proceeds to trial?
A lawyer who regularly handles impaired-driving matters may be familiar with the technical and procedural issues that can arise in these cases.
Get Legal Advice as Early as Possible
If you have been arrested or charged with impaired driving in Toronto, it is important to understand your rights and obligations as soon as possible. Avoid making assumptions about the outcome of the case based solely on the charge. The prosecution must establish the required elements of the offence according to the applicable legal standard.
A Toronto DUI lawyer can review the circumstances, explain the criminal process, assess the available evidence, and help you understand the legal options that may be available.
Every impaired-driving case is different. Getting professional legal advice based on the specific facts of your situation can help you make informed decisions throughout the proceedings.
