DUI Lawyer Burlington: Your Trusted Advocate in Impaired Driving Cases
Facing a DUI charge in Burlington can be a daunting experience. The consequences of a conviction can have lasting effects on your life, including a criminal record, license suspension, and significant fines. At our law firm, we understand the stress and uncertainty you may be feeling. That's why we're committed to providing you with skilled, compassionate, and knowledgeable representation. Our experienced DUI lawyers are here to guide you through the complexities of the legal system, ensuring that your rights are protected and working tirelessly to achieve the best possible outcome in your case.
Understanding DUI and DWI in Burlington?
What is DUI?
Driving Under the Influence (DUI) refers to operating a vehicle while impaired by alcohol or drugs. In Burlington, this offence is taken very seriously due to its potential danger to the public. DUI charges can result from a variety of substances, including alcohol, prescription medications, and illegal drugs. The severity of the charge can depend on several factors, including the driver's blood alcohol concentration (BAC) and any previous offences. It's crucial to understand that even a small amount of impairment can lead to a DUI charge.
What is DWI?
Driving While Impaired (DWI) is similar to DUI but often refers specifically to impairment by substances other than alcohol, such as drugs. In Burlington, the terms DUI and DWI are sometimes used interchangeably, but both carry serious legal consequences. DWI charges can be brought against drivers who are impaired by illegal drugs, prescription medications, or even over-the-counter medications that affect their ability to drive safely. Understanding the distinction between DUI and DWI is important, as each can carry different penalties depending on the circumstances of the case.
Common DUI Offences in Burlington
Impaired Driving
Impaired driving is one of the most common DUI offences in Burlington. It involves operating a vehicle while your ability to do so is impaired by alcohol or drugs. This offence is taken very seriously due to its risk to public safety.
- 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 is defined as operating a vehicle with reduced abilities due to the consumption of alcohol, drugs, or a combination of both. This can affect your judgment, reaction time, and overall vehicle control.
Detection:
Law enforcement uses several methods to detect impaired driving:
- Roadside sobriety tests
- Breathalyzer tests
- Blood tests
- Drug recognition evaluations
Penalties:
The penalties for impaired driving in Burlington can be severe:
- First offence: Fine, mandatory education program, license suspension
- Second offence: Increased fines, longer suspension, possible jail time
- Third offence: Jail time, extended suspension, the ignition interlock device
Additional Consequences:
Beyond legal penalties, impaired driving can lead to:
- Increased insurance rates
- Loss of employment opportunities
- Damage to your personal and professional reputation
Over 80 mg
Driving with a BAC over 80 mg is a serious offence in Burlington. It indicates a level of intoxication that significantly impairs driving abilities.
Implications:
- Immediate licence suspension
- Vehicle impoundment
- Mandatory education or treatment programs
Legal Limit:
In Burlington, the legal limit for BAC is 80 mg of alcohol per 100 ml of blood.
Detection:
Detection of BAC over 80 mg typically involves:
- Roadside breathalyzer tests
- Stationary breath tests
Penalties:
Penalties for exceeding the legal BAC limit include:
- Immediate license suspension
- Fines ranging from $1,000 to $2,000
- Mandatory alcohol education programs
- Possible jail time for repeat offences
Aggravating Factors:
Factors that can increase penalties include:
- Having minors in the vehicle
- Causing an accident or injury
- Refusal to submit to a breath test
Long-term Consequences:
Long-term impacts of a conviction can include:
- Criminal record
- Difficulty in securing employment
- Permanent loss of driving privileges
Refusing to Provide Breath Sample
Refusing to provide a breath sample when requested by law enforcement is itself a criminal offence.
Consequences:
- Treated similarly to an impaired driving conviction
- Can result in higher fines and longer driving prohibitions
Legal Obligation:
Drivers are legally required to provide a breath sample when asked by a police officer.
Consequences of Refusal:
Refusing a breath test can lead to the following:
- Immediate license suspension
- Additional charges
Penalties:
Penalties for refusal include:
- Mandatory fine
- Automatic license suspension
- Possible jail time for repeat offenders
Important Notes:
Refusing a breath test can have significant consequences:
- It may be used as evidence of guilt in court
- The penalties are often more severe than those for a failed breath test
- Refusal can lead to additional criminal charges, complicating your case
Care and Control
Care and control charges can be brought even if you are not actively driving but are found in a vehicle while 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 the ability to operate the vehicle while impaired, even if you are not driving.
Examples:
Care and control can include situations such as:
- Sitting in the driver's seat with the keys
- Sleeping in the vehicle while intoxicated
- Having the vehicle running for warmth
Legal Implications:
Legal implications include:
- Charges similar to those of impaired driving
- Need to prove you had no intention to drive
- Potential for the same penalties as DUI
Penalties:
Penalties can include:
- Fines
- License suspension
- Criminal record
Defence Strategies:
Possible defences include:
- Proving no intent to drive
- Demonstrating you were using the vehicle for shelter only
Underage Impaired Driving
Underage impaired driving is a zero-tolerance offence in Burlington.
Penalties:
- Immediate 24-hour licence suspension
- Fines and potential licence cancellation
- Longer suspensions and higher fines for repeat offences
Zero Tolerance Policy:
For drivers under 21, any detectable BAC is a violation.
Detection:
Detection methods include:
- Breathalyzer tests
- Field sobriety tests
Penalties for Young Drivers:
Penalties for underage impaired driving include:
- Immediate license suspension
- Fines
- Mandatory education programs
Criminal Charges:
Criminal charges may result in:
- Permanent criminal record
- Impact on future education and employment
Long-term Impact:
The long-term impact of underage DUI includes:
- Difficulty obtaining insurance
- Barriers to education and employment
- Ongoing legal issues
- Potential loss of driving privileges into adulthood
- A permanent mark on your criminal record
DUI Offences in Burlington: Penalties and Consequences
Understanding the penalties and consequences of DUI offences in Burlington is essential.
First Offence:
For a first DUI offence, expect:
- A fine of at least $1,000
- License suspension for one year
- Mandatory alcohol education program
Second Offence
A second DUI offense can result in:
- A minimum of 30 days in jail
- Extended license suspension
- Installation of an ignition interlock device
Third and Subsequent Offences
For third and subsequent offences, penalties include:
- At least 120 days in jail
- Permanent license suspension
- Higher fines and longer interlock device requirements
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 Burlington
An impaired driving lawyer in Burlington plays a crucial role in defending your case. They help you navigate the complex legal system, ensuring that all procedures are followed correctly and your rights are protected. With professional representation, you can mitigate the consequences of your charges, potentially reducing penalties or having charges dismissed.
Navigate Complex
Laws:
Our lawyers understand the intricacies of DUI laws and how to apply them to your case. They will ensure that your case is handled with the highest level of expertise, navigating through complex legal processes efficiently.
Professional
Representation:
With our team, you'll receive professional representation in court, aiming to secure the best possible outcome for your situation, whether it's reducing charges or negotiating plea deals.
Mitigate
Consequences:
Our lawyers work tirelessly to minimize the impact of DUI charges, helping you avoid harsh penalties and protecting your future from the long-term effects of a conviction.
Why Our DUI Law Firm in Burlington is Your Best Choice
Choosing the right DUI law firm in Burlington is crucial for your defence.
Specialized
Expertise:
We specialize in DUI cases, offering you the expert knowledge and skills needed for a strong defence.
Proven
Track Record:
Our firm has a history of successful DUI case outcomes, giving you confidence in our ability to defend your case effectively.
Personalized
Service:
We provide personalized attention to each client, handling your case carefully.
Local
Knowledge:
Our lawyers have extensive knowledge of Burlington's legal landscape, giving you an advantage in your defence.
Free Initial
Consultation:
We offer a free consultation to discuss your case and explore your options with no obligation.
Flexible
Payment Plans:
We provide flexible payment plans to ensure you can afford quality legal representation.
Testimonials
Get Your Free Consultation with Our DUI Lawyers in Burlington
Frequently Asked Questions
DUI stands for "Driving Under the Influence," while DWI stands for "Driving While Impaired." In Burlington, both terms are often used interchangeably to describe operating a vehicle while impaired by alcohol or drugs. However, DUI is more commonly associated with alcohol impairment, while DWI can refer to impairment by other substances, including prescription or illegal drugs.
Upon arrest for a DUI in Burlington, you can face immediate consequences such as the suspension of your driver's license, vehicle impoundment, and mandatory attendance in an alcohol education program. You may also be required to post bail and receive a court date to address the charges.
Refusing a breathalyzer test in Burlington is not advisable, as it can result in severe consequences. Under Canadian law, refusal to provide a breath sample is a criminal offence, leading to penalties often harsher than those for failing the test. This includes automatic license suspension, fines, and potentially jail time.
The penalties for a DUI conviction in Burlington vary depending on whether it's your first offence or if you have prior convictions. For a first offence, penalties typically include a fine, license suspension, and mandatory participation in an alcohol education program. Repeat offences can result in jail time, longer license suspensions, and the installation of an ignition interlock device.
Conclusion
Dealing with DUI charges in Burlington can be overwhelming, but with the right legal support, you don't have to navigate it alone. Our dedicated DUI lawyers are committed to standing by your side throughout the process. We understand the stakes and will work diligently to protect your rights, minimize penalties, and secure the most favourable outcome possible. Your future is too important to leave to chance. Contact our Burlington DUI lawyers for a free consultation, and let us help you build a strong defence.
Don't delay—time is crucial in DUI cases. The sooner you get in touch, the better prepared we can defend your case effectively. Call us today and take the first step toward safeguarding your future.
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.