DUI Lawyer Milton: Your Trusted Advocate in Impaired Driving Cases
When facing impaired driving charges in Milton, having a dedicated DUI lawyer by your side is crucial. We provide experienced legal support tailored to your unique situation, ensuring your rights are protected throughout the legal process. Our professional team understands the complexities of DUI law and is committed to fighting for the best possible outcome for your case.
Understanding DUI in Milton?
What is DUI?
DUI, or Driving Under the Influence, refers to operating a vehicle while impaired by alcohol or drugs. This offence is taken seriously in Milton, and the consequences can be severe. A DUI conviction can lead to fines, license suspension, and even jail time, depending on the circumstances of the case.
Common DUI Offences in Milton
Impaired Driving
Impaired driving encompasses various actions while operating a vehicle under the influence of substances.
Definition:
Impaired driving is defined as the inability to operate a vehicle safely due to the influence of drugs or alcohol. This includes both illegal and prescription substances that affect your ability to drive.
Detection:
Detecting impaired driving involves various methods, including:
- Field sobriety tests
- Breathalyzer tests
- Blood tests
- Officer observations of driving behaviour
Penalties:
Penalties for impaired driving can include:
- Fines ranging from $1,000 to $2,000
- License suspension for a minimum of one year
- Mandatory education programs
- Possible jail time for severe cases
Additional Consequences:
Additional consequences of impaired driving may include:
- Increased insurance rates
- Criminal record
- Job loss or difficulty finding employment
Over 80 mg
Driving with a blood alcohol concentration over 80 mg is a severe offence.
Legal Limit:
The legal limit for blood alcohol content in Ontario is 0.08% or 80 mg of alcohol per 100 ml of blood.
Detection:
Detection methods for over 80 mg offences include:
- Breathalyzer tests
- Blood tests
- Observations by law enforcement officers
Penalties:
Penalties for driving over 80 mg can include:
- Fines starting at $1,000
- License suspension for at least one year
- Possible jail time
- Mandatory participation in treatment programs
Aggravating Factors:
Aggravating factors that can increase penalties include:
- Prior DUI offences
- Having a minor in the vehicle
- High levels of intoxication
Long-term Consequences:
Long-term consequences may involve:
- Ongoing license restrictions
- Increased insurance premiums
- Difficulty securing employment in specific fields
Refusing to Provide Breath Sample
Refusing to provide a breath sample can lead to severe legal repercussions.
Legal Obligation:
Under Ontario law, drivers must comply with requests for breath samples when stopped by law enforcement.
Consequences of Refusal:
Consequences of refusing to provide a breath sample include:
- Automatic license suspension
- Criminal charges
- Increased penalties if convicted of a DUI later
Penalties:
Penalties for refusing a breath sample can include:
- Fines ranging from $2,000 to $5,000
- License suspension for at least one year
- Possible jail time
Important Notes:
Key points to remember about refusing a breath sample:
- You may still face DUI charges even if you refuse.
- It’s crucial to understand your rights during a traffic stop.
- Seeking legal advice immediately is essential.
Care and Control
Care and control charges apply when someone is found in a vehicle while impaired.
Definition:
Care and control refer to being able to operate a vehicle, even if not actively driving.
Examples:
Examples of care and control include:
- Sitting in a parked car with the keys in the ignition
- Sleeping in a car while intoxicated
- Being in the driver’s seat with the engine running
Legal Implications:
Legal implications of care and control charges can include:
- Conviction, even without driving
- Impact on insurance and employment
- Increased fines and penalties
Penalties:
Penalties for care and control charges may include:
- Fines starting at $1,000
- License suspension
- Mandatory alcohol education programs
Defence Strategies:
Possible defence strategies include:
- Proving you were not in care and control
- Challenging the legality of the traffic stop
- Presenting evidence of sobriety
Underage Impaired Driving
Underage impaired driving has stringent penalties in Milton.
Zero Tolerance Policy:
Ontario enforces a zero-tolerance policy for drivers under 21, meaning any detectable alcohol can lead to charges.
Detection:
Detection methods for underage drivers include:
- Breathalyzer tests
- Field sobriety tests
Penalties for Young Drivers:
Penalties for underage impaired driving can include:
- Fines up to $500
- License suspension
- Mandatory education programs
Criminal Charges:
Underage drivers can face criminal charges, leading to:
- A criminal record
- Difficulty applying for jobs or educational programs
Long-term Impact:
Long-term impacts of underage DUI offences may involve:
- Difficulty obtaining a driver’s license in the future
- Increased insurance rates
- Social stigma associated with a criminal record
- Limited career opportunities due to background checks
DUI Offences in Milton: Penalties and Consequences
Understanding the penalties and consequences of DUI offences in Milton is essential.
First Offence:
Penalties for a first offence may include:
- Fines between $1,000 and $2,000
- License suspension for up to one year
- Participation in a remedial program
Second Offence
Penalties for a second offence typically involve:
- Increased fines between $2,000 and $4,000
- License suspension for up to three years
- Possible jail time
Third and Subsequent Offences
For third and subsequent offences, penalties can escalate to:
- Fines exceeding $4,000
- License revocation for several years
- Significant jail time, often mandatory
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 Milton
An impaired driving lawyer plays a crucial role in navigating the complexities of DUI law.
Navigate Complex
Laws:
Navigating DUI laws requires focused knowledge to ensure your rights are upheld.
Professional
Representation:
Having professional representation can significantly impact the outcome of your case.
Mitigate
Consequences:
An senior lawyer can help mitigate the penalties associated with DUI charges.
Why Our DUI Law Firm in Milton is Your Best Choice
Choosing our DUI law firm offers numerous advantages for your case.
Specialized Expertise:
Our team is focused on DUI law, ensuring you receive knowledgeable representation.
Proven
Track Record:
We have a proven track record of successful outcomes in impaired driving cases.
Personalized
Service:
We provide personalized service tailored to your specific legal needs.
Local
Knowledge:
Our deep understanding of Milton’s legal landscape benefits your case.
Free Initial
Consultation:
We offer a free initial consultation to discuss your case and options.
Flexible
Payment Plans:
Flexible payment plans are available to make legal assistance accessible.
Testimonials
Get Your Free Consultation with Our DUI Lawyers in Milton
Frequently Asked Questions
If you're charged with DUI in Milton, you may face severe penalties, including fines, license suspension, and even imprisonment. The consequences depend on whether it's your first offence and the case's specifics. It's crucial to seek legal assistance immediately to understand your options and protect your rights.
Yes, a DUI charge can be contested. A skilled DUI lawyer will examine the evidence, review police conduct, and identify any procedural errors that may have occurred during your arrest. Legal strategies like challenging the accuracy of breath tests or the reason for the traffic stop may also be used.
A first-time DUI offence may result in satisfactory, mandatory participation in an alcohol education program, license suspension, and potentially a criminal record. Penalties escalate if aggravating factors like high blood alcohol levels or causing injury are involved.
In Ontario, the legal blood alcohol concentration (BAC) limit for fully licensed drivers is 80 mg of alcohol per 100 ml of blood (0.08%). Driving with a BAC over this limit can result in severe legal penalties.
Refusing to provide a breath sample when requested by law enforcement is a serious offence. Penalties for refusal are similar to those for DUI, including fines, license suspension, and possible jail time. In most cases, refusal is considered an automatic admission of guilt.
Yes, if convicted of a DUI in Milton, you may face an immediate license suspension, which could last from several months to several years, depending on the severity of the offence and whether it's a first-time or repeat violation.
A DUI conviction can have long-lasting impacts on your life. It may affect your driving ability, increase insurance premiums, and harm your employment opportunities. Additionally, a criminal record could restrict international travel and lead to social stigma.
A DUI conviction in Ontario will typically stay on your criminal record for life unless you apply for a pardon (Record Suspension). Even with a pardon, certain travel restrictions may apply.
While it is possible to have a DUI charge dropped, it depends on the specific circumstances of your case. A lawyer may be able to get the charges reduced or dismissed if procedural errors occur or if the evidence is insufficient.
The duration of the DUI legal process depends on the case's complexity and court availability. It may take several months from the initial charge to the final resolution. A lawyer can provide a more accurate timeline after reviewing your case.
Conclusion
Navigating DUI charges in Milton can be daunting, but with the right legal support, you can face these challenges head-on. Our senior DUI lawyers are here to guide you through every step of the process, ensuring your rights are protected and working towards the best possible outcome for your case.
Don’t Wait—Contact Us Today for Your Free Consultation
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.