DUI Lawyer Markham: Your Trusted Advocate in Impaired Driving Cases
Facing a DUI charge can be an overwhelming experience. If you’re dealing with impaired driving charges in Markham, having a trusted legal advocate on your side is essential. DUI cases can have severe consequences, including license suspension, fines, and potential jail time. At our firm, we focus on defending clients facing DUI charges. With our extensive knowledge of Markham's legal system and our commitment to providing personalized service, we are prepared to help you navigate these challenging circumstances and work towards achieving the best possible outcome for your case.
Understanding DUI in Markham
What is DUI?
DUI stands for Driving Under the Influence, which includes impaired driving due to alcohol, drugs, or both. The legal limit for blood alcohol concentration (BAC) in Ontario is 80 mg of alcohol per 100 ml of blood. Anything over this limit is considered a criminal offence. Even if you're under the legal limit, driving while impaired by drugs or alcohol can result in serious charges and penalties.
Common DUI Offences in Markham
Markham sees a variety of DUI-related offences. These include impaired driving, driving with a BAC over 80 mg, refusing to provide a breath sample, and care and control of a vehicle while impaired. These offences carry significant legal penalties and can impact your driving privileges and personal life.
Impaired Driving
Impaired driving involves operating a vehicle while your ability to drive is impaired by alcohol or drugs.
Definition:
Impaired driving is legally defined as operating a vehicle while under the influence of alcohol, drugs, or both, affecting your ability to drive safely. This includes legal and illegal substances that alter your mental or physical state.
Detection:
- Breathalyzers
- Roadside sobriety tests
- Drug recognition evaluations
Penalties:
- First offence: Fine up to $1,000
- Second offence: Minimum 30-day jail sentence
- Third offence: Minimum 120-day jail sentence
Additional penalties include mandatory education programs and ignition interlock device installation.
Additional Consequences:
- Criminal record
- Higher insurance rates
- Potential job loss
Over 80 mg
Driving with a blood alcohol concentration over 80 mg per 100 ml of blood is a criminal offence in Markham.
Legal Limit:
The legal BAC limit in Ontario is 80 mg of alcohol per 100 ml of blood.
Detection:
Blood or breath tests at the time of arrest measure BAC levels.
Penalties:
Penalties for driving over 80 mg can include:
- First offence: Fine of $1,000
- Second offence: 30-day jail sentence
- Third offence: 120-day jail sentence
In addition, drivers face a one-year license suspension for the first offence and longer suspensions for subsequent offences.
Aggravating Factors:
- High BAC levels
- The presence of minors in the vehicle
- Dangerous driving patterns
Long-term Consequences:
- Loss of employment opportunities
- Difficulty travelling internationally
- Long-term insurance rate increases
Refusing to Provide Breath Sample
It is a criminal offence to refuse to provide a breath sample when requested by a police officer.
Legal Obligation:
You are legally required to provide a breath sample when lawfully requested by an officer during a DUI stop.
Consequences of Refusal:
Refusing to provide a breath sample can lead to immediate penalties, including license suspension and criminal charges.
Penalties:
- A fine of $2,000
- Immediate 90-day license suspension
- Mandatory education programs
Important Notes:
- Refusal can result in harsher penalties than a DUI conviction
- Your car may be impounded
- You may face a longer license suspension
Care and Control
Care and control charges apply when you're found in a vehicle while impaired, even if you're not driving.
Definition:
Care and control means being in a vehicle while impaired, even if you're not driving but could potentially operate the car.
Examples:
- Sitting in the driver's seat with the keys
- Sleeping in the vehicle with access to the ignition
- Starting the car but not moving
Legal Implications:
- You can still be charged even if the car isn’t in motion
- Courts consider whether there was a risk of you driving while impaired
- Proof of intent is not required
Penalties:
- Fines
- License suspension
- Potential jail time
Defence Strategies:
- Lack of intent to drive
- A safe place to sleep
- No access to the keys
Underage Impaired Driving
Young drivers face a zero-tolerance policy for alcohol and drug use while operating a vehicle.
Zero Tolerance Policy:
Ontario enforces a zero-tolerance policy for drivers under 21, meaning no alcohol or drugs in their system while driving.
Detection:
- Breathalyzers
- Roadside tests
Penalties for Young Drivers:
- Immediate license suspension
- Fines up to $500
- Mandatory educational programs
Criminal Charges:
- DUI charges
- Possible jail time
- Long-term criminal record
Long-term Impact:
A criminal record from underage impaired driving can affect education, employment, and travel opportunities.
- Difficulty finding a job
- Ineligibility for specific educational programs
- Potential travel restrictions, especially to the U.S.
DUI Offences in Markham: Penalties and Consequences
Penalties for DUI offences in Markham vary depending on whether it's your first, second, or subsequent offence.
First Offence:
- $1,000 fine
- License suspension for one year
- Mandatory education programs
Second Offence
- 30-day jail sentence
- License suspension for two years
- Mandatory education programs
Third and Subsequent Offences
- 120-day jail sentence
- Lifetime license suspension (possible reinstatement after 10 years)
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 Markham
An impaired driving lawyer can be your crucial advocate, guiding you through the complex legal process, providing experienced representation, and helping to mitigate the consequences of a DUI charge.
Navigate Complex
Laws:
A DUI lawyer will help you understand the legal processes involved and ensure your rights are protected at every stage of the case.
Professional
Representation:
Having a senior lawyer by your side increases your chances of a favourable outcome in court.
Mitigate
Consequences:
A skilled lawyer can work to reduce penalties, avoid jail time, or minimize long-term impacts.
Why Our DUI Law Firm in Markham is Your Best Choice
Choosing the right law firm can make all the difference in your case.
Specialized Expertise:
We focus exclusively on DUI and impaired driving cases, ensuring a thorough understanding of the legal nuances involved.
Proven
Track Record:
Our firm has successfully represented numerous clients, helping them achieve favourable outcomes in DUI cases.
Personalized
Service:
We provide individualized attention to each case, addressing your unique needs and concerns.
Local
Knowledge:
Our lawyers understand Markham's legal environment and can navigate local court procedures effectively.
Free Initial
Consultation:
We offer a free consultation to discuss your case and explore your legal options.
Flexible
Payment Plans:
Our firm offers payment plans to make our services accessible to all clients.
Testimonials
Get Your Free Consultation with Our DUI Lawyers in Markham
Call 416-800-1322 for a free consultation to discuss your DUI case and learn how we can help you fight the charges.
Frequently Asked Questions
If you are stopped, remain calm, follow the officer's instructions, and avoid admitting guilt. You have the right to legal representation, so consider contacting a DUI lawyer as soon as possible.
While you can refuse, doing so may result in automatic penalties, including license suspension. It's crucial to understand the legal implications of refusing a breath test.
Penalties for a first DUI offence may include fines, license suspension, mandatory alcohol education programs, and possible jail time. The exact consequences depend on various factors, including blood alcohol concentration (BAC) levels.
A DUI lawyer can provide legal advice, represent you in court, negotiate plea deals, and work to mitigate penalties. They can also identify any legal weaknesses in your case that may lead to a dismissal.
Underage DUI carries strict penalties due to a zero-tolerance policy. This can include fines, license suspension, mandatory programs, and potential criminal charges.
A DUI conviction can impact your employment, especially if your job requires driving or has strict background checks. It's essential to discuss the potential career consequences with your lawyer.
Conclusion
Being charged with DUI in Markham is a serious matter, but with the proper legal representation, you can navigate the complexities of the legal system and protect your rights. Our senior DUI lawyers are here to offer professional advice, robust defence strategies, and a commitment to achieving the best possible outcome for your case. Whether it's your first offence or a repeat charge, we understand the impact a DUI conviction can have on your life and are dedicated to helping you move forward.
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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.