DUI Lawyer Brampton: Your Trusted Advocate in Impaired Driving Cases
When you're facing a DUI charge in Brampton, the weight of the legal system can feel overwhelming. That's where we come in. As experienced DUI lawyers, we offer comprehensive criminal defence for various criminal charges, including impaired driving, ensuring your rights are protected every step of the way. Impaired driving charges aren't just minor inconveniences but can have life-altering consequences. That's why having a lawyer well-versed in DUI law isn't just helpful; it's crucial. Our firm boasts years of experience tackling DUI and impaired driving cases, giving you the edge you need when your future's on the line.
Understanding DUI and DWI in Brampton
What is DUI?
DUI, or Driving Under the Influence, refers to operating a motor vehicle while impaired by alcohol or drugs. It's a serious offence that can lead to severe penalties, including fines, licence suspension, and even jail time.
What is DWI?
DWI, or Driving While Impaired, is often used interchangeably with DUI. In Brampton and across Canada, the term "impaired driving" is more commonly used to cover all instances of driving under the influence of alcohol or drugs.
Common DUI Offences in Brampton
Impaired Driving
Impaired driving charges occur when your ability to operate a vehicle is compromised due to alcohol or drugs. This doesn't just mean being over the legal limit—if the police can prove your driving was impaired to any degree, you can be charged.
- Observable behaviour (slurred speech, unsteady gait)
- Poor performance on field sobriety tests
- Blood alcohol concentration (BAC) readings
Legal consequences:
Fines, driving prohibitions, and potential jail time, depending on the severity and prior offences.
Definition:
Impaired driving means operating a motor vehicle with a diminished ability to do so safely due to alcohol or drug consumption.
Detection:
- Observations of erratic driving behaviour.
- Field sobriety tests conducted by police.
- Breathalyzer or blood tests are administered on-site.
Penalties:
- Minimum $1,000 fine.
- Driving prohibition for at least one year.
- Mandatory participation in a rehabilitation program.
- A criminal record that can impact future employment and travel.
Additional Consequences:
- Increased insurance premiums.
- Possible vehicle impoundment.
- Difficulty in obtaining professional licenses.
Over 80 mg
This offence refers to having a Blood Alcohol Concentration (BAC) over 80 milligrams of alcohol per 100 millilitres of blood. It's often called "Over 80" for short.
Implications:
- Immediate licence suspension
- Vehicle impoundment
- Mandatory education or treatment programs
Legal Limit:
The legal BAC limit in Canada is 0.08%.
Detection:
- Breathalyzer tests are used at roadside stops.
- Blood tests in more severe cases or if the breathalyzer is unavailable.
Penalties:
- Minimum $1,000 fine for first offenders.
- Mandatory driving prohibition.
- Potential jail time for repeat offenders.
Aggravating Factors:
- High BAC levels.
- Involvement in an accident.
- Prior DUI convictions.
Long-term Consequences:
- Higher insurance costs.
- Possible job implications, especially for roles requiring driving.
- Difficulty with travel to certain countries.
Refusing to Provide Breath Sample
When requested by law enforcement, you're legally required to provide a breath sample. Refusing to do so is a criminal offence and can lead to charges as severe as impaired driving itself.
Consequences:
- Treated similarly to an impaired driving conviction
- Can result in higher fines and longer driving prohibitions
Legal Obligation:
You must comply with breath sample requests during a DUI investigation.
Consequences of Refusal:
- Automatic criminal charge.
- Similar penalties to those for impaired driving.
- Increased difficulty in defending the case in court.
Penalties:
- Minimum $2,000 fine.
- Driving prohibition for at least one year.
- Mandatory rehabilitation program.
Important Notes:
- Refusal to provide a sample is treated as a severe offence.
- The legal system views refusal as an attempt to evade the law.
- Legal representation is crucial to navigate these charges.
Care and Control
You can be charged with "care and control" even without driving. If you're in your vehicle and can access the keys, you could be charged if impaired.
Examples:
- Sleeping in a parked car with the keys accessible
- Sitting in the driver's seat with the engine running
Definition:
Care and control means having physical control of a vehicle while impaired, even if not actively driving it.
Examples:
- Sleeping in your car while intoxicated.
- Sitting in the driver's seat with the engine running.
- Being in the vehicle with the keys within reach.
Legal Implications:
- Charges can be laid even without evidence of driving.
- Conviction can lead to penalties similar to actual impaired driving.
- Potential for criminal record and license suspension.
Penalties:
- Minimum fine of $1,000.
- Driving prohibition of at least one year.
- Mandatory participation in rehabilitation programs.
Defence Strategies:
- Proving lack of intent to drive.
- Demonstrating a lack of access to the vehicle's controls.
- Challenging the police's evidence and procedures.
Underage Impaired Driving
For drivers under 21 or with a G1, G2, M1, or M2 licence, there's zero tolerance for alcohol or drugs when driving, as these are considered serious criminal offences.
Penalties:
- Immediate 24-hour licence suspension
- Fines and potential licence cancellation
- Longer suspensions and higher fines for repeat offences
Zero Tolerance Policy:
Drivers underage or with novice licenses face strict no-alcohol policies.
Detection:
- Sobriety checkpoints.
- Roadside breath tests.
Penalties for Young Drivers:
- Immediate 24-hour licence suspension.
- Fines and potential further suspension upon conviction.
- Criminal charges can lead to long-term impacts.
Criminal Charges:
- Potential for a criminal record.
- Possible additional penalties and fines.
- Impact on future driving privileges and employment.
Long-term Impact:
- Difficulty in obtaining employment, especially where a clean driving record is required.
- Restrictions on international travel due to a criminal record.
- Increased insurance rates significantly impact financial stability.
- The social stigma associated with a DUI conviction affects personal and professional relationships.
DUI Offences in Brampton: Penalties and Consequences
The severity of penalties increases with repeat offences. Here's what you might face:
First Offence:
- Minimum $1,000 fine.
- 1-year driving prohibition.
- Mandatory education or treatment program.
Second Offence
- Minimum 30 days in jail.
- 2-year driving prohibition.
- Mandatory education or treatment program.
Third and Subsequent Offences
- Minimum 120 days in jail.
- 3-year driving prohibition.
- Mandatory education or treatment program.
Our DUI Lawyers
Jeff Mass
- 10 years of successful drunk driving charges defence experience
- Hundreds of tough impaired driving cases won
- Knowledgeable lawyer who is not afraid to take on the police in court
Robbie Tsang
- Impaired driving defence expertise since 2005
- Accepts difficult cases that other lawyers refuse to take
- Known for custom approach and creative solutions for each case
Heather Spence
- Graduated Osgoode Hall Law School and received a Juris Doctor in Law
- Practices exclusively in the area of criminal law
- Is ready and able to answer your criminal law question at any time
Brian Brody
- Passionate lawyer who is committed to providing the best possible defence for his clients
- In 2009 completed the Criminal Concentration Program at the University of Western Law School
- In 2010 became a member of the Law Society of Upper Canada
Alexei Zaitsev
- Law degree from University of Windsor, with a heavy focus on criminal law
- Fluent in English, Russian and Hebrew
- Practices exclusively in the area of criminal and quasi-criminal defense
The Vital Role of an Impaired Driving Lawyer in Brampton
Navigate Complex
Laws:
DUI laws are intricate and ever-changing. An experienced lawyer stays up-to-date with the latest legal developments.
Professional
Representation:
Having an experienced and skilled defence lawyer in your corner can make all the difference in court proceedings, especially when defending against drinking and driving charges.
Mitigate
Consequences:
A skilled lawyer may be able to negotiate lesser charges or even have your case dismissed.
Why Our DUI Law Firm in Brampton is Your Best Choice
Specialized Expertise:
Our team specializes in DUI law and has extensive experience in Brampton's legal landscape.
Proven
Track Record:
We've successfully defended numerous DUI cases, achieving favourable outcomes for our clients.
Personalized
Service:
We offer tailored legal strategies to fit your unique situation, ensuring dedicated support.
Local
Knowledge:
Our deep understanding of Brampton's court system and local practices enhances our ability to represent you effectively.
Free Initial
Consultation:
We provide a no-cost initial consultation to assess your case and discuss your options.
Flexible
Payment Plans:
We offer adaptable payment solutions to ensure access to quality legal representation.
Testimonials
Get Your Free Consultation with Our DUI Lawyers in Brampton
Don't face DUI charges alone—contact us today for a free consultation. Our expert team is ready to fight for your rights and future.
Frequently Asked Questions
While you have the right to refuse, doing so can result in charges as severe as those for impaired driving within the criminal justice system. It's generally advisable to comply with police requests.
An immediate 90-day administrative driving prohibition is typically imposed. You face a minimum one-year driving ban for a first offence if convicted.
Sometimes, it may be possible to negotiate a plea to a lesser charge. This is where having an experienced DUI lawyer can be invaluable.
A DUI conviction remains on your criminal record indefinitely unless you apply for a record suspension (formerly called a pardon).
Obtaining a restricted licence for work purposes may be possible, but this varies case by case. Your lawyer can advise on the possibilities.
Conclusion
Facing DUI charges in Brampton can be daunting, but you don’t have to navigate this challenge alone. Our team of experienced DUI lawyers is here to provide the expert guidance and support you need during this difficult time. We are dedicated to safeguarding your rights and fighting for the best possible outcome in your case.
A DUI charge doesn’t have to define your future. Contact our Brampton DUI lawyers today for a free consultation. We will work diligently to build a strong defense and help you through every step of the legal process.
Time is crucial in DUI cases. The sooner you contact us, the more options we will have to protect your future. Don’t wait—reach out now and take the first step toward securing the best possible resolution for your case.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Every case is unique, and outcomes can vary. Consult with a qualified lawyer for advice specific to your situation.