DUI Lawyer North York: Your Trusted Advocate in Impaired Driving Cases
Facing a DUI charge in North York can be overwhelming. Having a reliable legal advocate by your side is essential, with potential consequences such as license suspension, fines, and jail time. Our experienced team focuses on defending clients against DUI charges in North York. With extensive knowledge of local laws and a commitment to personalized representation, we are here to guide you through this challenging time and work towards the best possible outcome for your case.
Understanding DUI in North York
What is DUI?
DUI stands for Driving Under the Influence, which includes impaired driving caused by alcohol, drugs, or both. In Ontario, the legal limit for blood alcohol concentration (BAC) is 80 mg of alcohol per 100 ml of blood. Driving while impaired, even below this limit, can result in severe legal penalties.
Common DUI Offences in North York
North York 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 North York.
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 North York: Penalties and Consequences
Penalties for DUI offences in North York 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 in North York
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 North York
An impaired driving lawyer can be your essential advocate, guiding you through the intricate legal process, offering experienced representation, and working 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 North York is Your Best Choice
Selecting the right law firm can significantly influence the outcome of your case.
Specialized Expertise:
We focus exclusively on DUI and impaired driving cases, ensuring a comprehensive understanding of the legal complexities involved.
Proven
Track Record:
Our firm has successfully represented numerous clients, helping them secure favourable results in DUI cases.
Personalized
Service:
We provide tailored attention to every case, addressing your needs and concerns.
Local
Knowledge:
Our lawyers know North York's legal landscape and have extensive experience navigating local court procedures.
Free Initial
Consultation:
We offer a free consultation to review your case and discuss potential legal strategies.
Flexible
Payment Plans:
To ensure accessibility, we provide flexible payment options for our clients.
Testimonials
Get Your Free Consultation with Our DUI Lawyers in North York
Call 416-800-1322 for a free consultation to discuss your DUI case and discover how we can assist you in fighting the charges effectively
Frequently Asked Questions
If you’re charged with a DUI, stay calm and comply with the police. Avoid making statements or admissions that could be used against you. Contact a DUI lawyer in North York as soon as possible for legal guidance.
A DUI lawyer can:
- Challenge the validity of the traffic stop or breath test
- Identify procedural errors in the investigation
- Negotiate reduced penalties or have charges dismissed
- Represent you in court effectively
Yes, in some cases, a DUI lawyer can negotiate for a reduced charge, such as careless driving, which does not result in a criminal record. Each case is unique, so consult a lawyer for specific advice.
Refusing a breathalyzer is a criminal offence in Canada. Penalties for refusal can be harsher than for a standard DUI, including fines, license suspension, and a criminal record.
Failing a roadside test can lead to further testing at the police station. Results from these tests are used as evidence. Contact a lawyer immediately to review the circumstances of your case.
A DUI conviction stays on your criminal record indefinitely unless a record suspension (pardon) is granted. A DUI also impacts your driving record for three years in Ontario.
If your license is suspended due to a DUI charge, you cannot drive legally. However, you may apply for an ignition interlock program or restricted license under certain conditions.
Yes, even for a first offence, a lawyer can significantly improve your chances of minimizing penalties, protecting your rights, and avoiding a criminal record.
Conclusion
Being charged with a DUI in North York is a serious matter. Still, with the proper legal representation, you can confidently navigate the complexities of the legal system and safeguard your rights. Our Senior DUI lawyers are here to provide experienced advice, strong defence strategies, and a commitment to securing the best possible outcome for your case. Whether it's your first offence or a subsequent charge, we understand the profound 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.