Mississauga DUI Lawyers: Your Trusted Defenders Against Impaired Driving Charges
When you’re facing impaired driving charges in Mississauga, the road ahead can seem daunting. Impaired driving charges fall under the Criminal Code, with specific sections of the Canadian Criminal Code covering impaired driving laws in Mississauga. That’s where experienced DUI lawyers come in. These legal experts are your guides through the complex criminal justice system, helping you understand your rights and fighting for the best possible outcome.
Understanding DUI and DWI in Mississauga?
What is DUI? Understanding the Basics
DUI, or Driving Under the Influence, refers to operating a motor vehicle while impaired by alcohol or drugs. In Mississauga and across Ontario, DUI is a serious criminal offence that can have life-altering consequences. A DUI can lead to a criminal conviction, which impacts various aspects of life such as insurance, employment, and travel.
What is DWI? A Related Offence
DWI, or Driving While Impaired, is often used interchangeably with DUI. In Canada, the term "impaired driving" is more commonly used in legal contexts.
What You Need to Know About DUI in Mississauga
- It’s not just about alcohol - drugs (including prescription medications) can also lead to DUI charges
- Police officers can demand a breath sample based on reasonable suspicion
- Refusing to provide a breath sample is a separate offence with its own penalties
- Even if you’re not driving, you can be charged with “care and control” of a vehicle while impaired
- Acquiring a criminal record due to a DUI charge can have severe consequences, including increased auto insurance rates, difficulties with background checks, and issues with permanent residency in Canada. Hiring a DUI lawyer is crucial to avoid a criminal record and mitigate these impacts.
Common DUI Offences in Mississauga
Impaired Driving
Impaired driving occurs when a person operates a motor vehicle while their ability to do so is impaired by alcohol or drugs. This can be proven through:
- 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:
Operating any motor vehicle (car, boat, aircraft) while your ability is impaired by alcohol or drugs (including prescription medications).
Detection:
Police officers use various methods to detect impairment, including:
- Standardized Field Sobriety Tests (SFST)
- Drug Recognition Expert (DRE) evaluations
- Roadside breath tests
Penalties:
- First offence: Minimum $1,000 fine
- Licence suspension: Minimum 1 year
- Potential jail time: Up to 10 years for more serious cases
- Criminal record upon conviction
- An impaired driving conviction can have long-lasting effects on your life, including a criminal record and increased insurance premiums.
Additional Consequences:
- Increased insurance premiums
- Mandatory education or treatment programs
- Installation of an ignition interlock device
Over 80 mg
It's illegal to drive with a BAC of 80 mg of alcohol per 100 ml of blood (0.08%) or higher.
Implications:
- Immediate licence suspension
- Vehicle impoundment
- Mandatory education or treatment programs
Legal Limit:
80 mg of alcohol per 100 ml of blood (0.08%).
Detection:
Through breath or blood tests conducted by law enforcement.
Penalties:
- First offence: Minimum $1,000 fine
- Mandatory driving prohibition: At least 1 year
- Potential jail time for higher BAC levels
- A DUI conviction for having a BAC over 80 mg can result in severe penalties, including fines, license suspension, and potential jail time.
Aggravating Factors:
- BAC of 120 mg% or higher
- Refusing to provide a breath sample
- Causing an accident or injury while over the limit
Long-term Consequences:
- Criminal record
- Travel restrictions, especially to the United States
- Employment limitations, particularly for jobs requiring driving
Refusing to Provide Breath Sample
When lawfully requested by a police officer, failing to provide a breath sample is a criminal offence.
Consequences:
- Treated similarly to an impaired driving conviction
- Can result in higher fines and longer driving prohibitions
Legal Obligation:
Drivers must comply with police requests for breath samples
Consequences of Refusal:
- Treated as seriously as impaired driving
- Criminal charge of “failing or refusing to comply with demand”
Penalties:
- Minimum $2,000 fine
- Mandatory driving prohibition: At least 1 year
- Potential jail time, especially for repeat offenders
Important Notes:
- Refusal is a separate charge from impaired driving
- You can be charged with both refusal and impaired driving
- Medical reasons for refusal must be proven in court
- A strong DUI defence can challenge the legality of the breath sample request and potentially reduce or dismiss the charges.
Care and Control
You can be charged with a DUI offence even if you're not driving, but have care and control of 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:
Having care or control of a motor vehicle while impaired, regardless of intent to drive.
Examples:
- Sleeping in a parked car with keys accessible
- Sitting in the driver’s seat of a running vehicle
- Using a vehicle for shelter while intoxicated
Legal Implications:
- Presumption of care and control if found in the driver’s seat
- Burden of proof on the accused to show no intention to drive
- Consulting with experienced impaired driving lawyers can help you navigate the complexities of care and control charges.
Penalties:
- Similar to impaired driving charges
- Fines, licence suspension, and potential jail time
Defence Strategies:
- Proving no risk of setting the vehicle in motion
- Demonstrating lack of intention to drive
Underage Impaired Driving
For drivers under 21 or with a G1, G2, M1, or M2 licence, there's zero tolerance for alcohol or drugs while driving.
Penalties:
- Immediate 24-hour licence suspension
- Fines and potential licence cancellation
- Longer suspensions and higher fines for repeat offences
Zero Tolerance Policy:
Drivers under 21 or with G1, G2, M1, or M2 licences must have a BAC of zero
Detection:
- Roadside breath tests
- Standard Field Sobriety Tests
Penalties for Young Drivers:
- Immediate 24-hour roadside licence suspension
- 30-day licence suspension for first occurrence
- Possible licence cancellation and mandatory re-application
- Fines ranging from $60 to $500
Criminal Charges:
- If BAC is over 0.08%, standard Criminal Code charges apply
- Potential for both provincial and criminal penalties
Long-term Impact:
- Criminal record affecting future employment and travel
- Significantly higher insurance rates
- Delayed progression through graduated licensing system
Understanding these offences is crucial for all drivers in Mississauga. If you're facing any of these charges, it's essential to consult with an experienced DUI lawyer who can help navigate the complex legal system and work towards the best possible outcome for your case.
DUI Sentences in Mississauga
OffenceMinimum PenaltyFirst Offence$1,000 fine, 1-year driving prohibitionSecond Offence30 days imprisonment, 2-year driving prohibitionThird and Subsequent Offences120 days imprisonment, 3-year driving prohibition
Note: These are minimum penalties. Actual sentences can be more severe depending on the circumstances.
The Importance of Hiring an Impaired Driving Lawyer in Mississauga
Why Should You Contact a Lawyer?
- Navigate complex laws: DUI legislation is intricate and constantly evolving. An experienced lawyer stays up-to-date with the latest changes.
- Protect your rights: From the moment of arrest, a lawyer ensures your legal rights are respected.
- Challenge evidence: A skilled DUI lawyer can scrutinize breathalyzer results and police procedures for potential errors.
- Negotiate plea bargains: If appropriate, your lawyer can negotiate with the Crown for reduced charges or penalties.
- Represent you in court: Should your case go to trial, having a knowledgeable advocate is crucial.
First Offence:
- Minimum $1,000 fine
- Mandatory driving prohibition for at least 1 year
- Potential jail time in severe cases
Second Offence
- Minimum 30 days in jail
- Mandatory driving prohibition for at least 2 years
- Increased fines and longer licence suspensions
Third and Subsequent Offences
- Minimum 120 days in jail
- Mandatory driving prohibition for at least 3 years
- Substantial fines and potential lifetime driving ban
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
Don't Face DUI Charges Alone - Get Expert Help Now
If you’re facing impaired driving charges in Mississauga, hiring a Mississauga DUI lawyer is crucial for navigating the criminal justice system and mitigating the serious consequences of a DUI. The decisions you make now can have a lasting impact on your future. Don’t risk your driving privileges, your job, or your freedom by going it alone.
Why Choose Our DUI Law Firm in Mississauga?
A Short List of Benefits
Expertise:
Our team specialises in DUI cases, with in-depth knowledge of both criminal law and the Highway Traffic Act.
Local
knowledge:
We have an in-depth understanding of Mississauga's court systems and local legal landscape.
Proven
results:
We've successfully defended hundreds of clients, often getting charges reduced or dismissed.
Personalized
service:
We treat each case with the individual attention it deserves.
Flexible
payment plans:
We offer various payment options to make quality legal representation accessible.
Free initial
consultation:
Discuss your case with us at no cost to understand your options.
Testimonials
Get a Free Consultation with Our DUI Lawyers in Mississauga
Contact us today for a free, no-obligation consultation. Our experienced DUI lawyers are ready to review your case and start building your defence. Remember, early intervention can make a significant difference in the outcome of your case.
Frequently Asked Questions
While not legally required, having a lawyer significantly improves your chances of a favourable outcome. DUI laws are complex, and the consequences of a conviction can be severe. An experienced DUI lawyer can challenge evidence, negotiate with prosecutors, and ensure your rights are protected throughout the legal process.
The duration of a DUI case can vary widely, from a few months to over a year. Factors affecting timeline include:
- Court backlogs
- Complexity of your case
- Whether you plead guilty or go to trial
- Availability of witnesses and evidence
Your lawyer will work to resolve your case as efficiently as possible while ensuring the best chance of a positive outcome.
Legal fees for DUI cases vary depending on the complexity of your case and whether it goes to trial. During your free consultation, we'll discuss your situation and provide a transparent fee structure. Remember, investing in skilled legal representation can save you money in the long run by potentially reducing fines, avoiding job loss, and preventing insurance rate hikes.
While there's no guaranteed way to have charges dropped, an experienced DUI lawyer can:
- Challenge the legality of the traffic stop
- Question the accuracy of breathalyzer results
- Identify procedural errors in your arrest or charging process
- Negotiate with prosecutors for charge reduction or dismissal
Your Future is Worth Fighting For
A DUI charge doesn't have to derail your life. With the right legal representation, you can navigate this challenging time and work towards the best possible resolution. Our team of dedicated Mississauga DUI lawyers is here to support you every step of the way.
We understand the stress and uncertainty you're facing. That's why we offer compassionate, personalized service tailored to your unique situation. From challenging evidence to negotiating with prosecutors, we'll use every tool at our disposal to protect your rights and your future.
Don't let a momentary lapse in judgment define your life. Contact our Mississauga DUI lawyers today for your free consultation. Together, we'll build a strong defence and fight for your rights, your licence, and your freedom.
Remember, the sooner you act, the more options you have. Don't face this alone - let our experienced team guide you through the legal process and towards a brighter future.
TorontoDUI Mississauga's trusted DUI defence team
Address: 5075 Yonge Street, Suite 501, Toronto, Ontario M2N 6C6, Canada
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.