DUI Lawyer Oshawa: Your Trusted Advocate in Impaired Driving Cases
If you’re facing a DUI charge in Oshawa, you need a lawyer who understands the complexities of impaired driving cases. With our extensive experience and dedication, we are committed to providing the best defence possible. We understand the impact of these charges on your life and are here to guide you through the legal process, ensuring your rights are protected and advocating for the best possible outcome.
Understanding DUI and DWI in Oshawa
What is DUI?
Driving Under the Influence (DUI) involves operating a vehicle while impaired by alcohol or drugs. This charge is taken seriously in Oshawa, with strict penalties for offenders. If your blood alcohol concentration (BAC) exceeds the legal limit or you’re visibly impaired, you can be charged. It’s crucial to understand the charges and seek legal help, as DUI offences can result in severe consequences, including fines, license suspension, and a criminal record.
Common DUI Offences in Oshawa
Impaired Driving
Operating a vehicle while impaired by alcohol or drugs can lead to an impaired driving charge. The law doesn’t distinguish between the two substances.
Definition:
Impaired driving refers to operating a vehicle while your ability to do so is compromised by alcohol or drugs, resulting in a reduced capacity to drive safely.
Detection:
- Roadside sobriety tests
- Breathalyzer tests
- Observations of erratic driving behaviour
- Blood tests for drugs
Penalties:
- Fines ranging from $1,000 to $2,500
- License suspension for up to 3 years
- Mandatory participation in education or treatment programs
- Installation of an ignition interlock device
Additional Consequences:
- Increased insurance premiums
- Criminal record
- Employment challenges
- Travel restrictions
Over 80 mg
Operating a vehicle with a BAC over 80 mg per 100 ml of blood is a serious offence.
Legal Limit:
The legal BAC limit in Oshawa is 80 mg per 100 ml of blood.
Detection:
- Roadside breathalyzer tests
- Blood tests at police stations
Penalties:
- Fines starting at $1,000
- License suspension for up to 1 year
- Possible jail time
- Installation of an ignition interlock device
Aggravating Factors:
- High BAC levels
- Prior DUI convictions
- Involvement in accidents
- Presence of minors in the vehicle
Long-term Consequences:
- Criminal record
- Difficulty in obtaining insurance
- Employment restrictions
- International travel bans
Refusing to Provide Breath Sample
Refusing to comply with a police officer's request to provide a breath sample can lead to severe charges.
Legal Obligation:
You must provide a breath sample when law enforcement requests it.
Consequences of Refusal:
- Automatic license suspension
- Criminal charges
- Heavier fines
Penalties:
- Fines up to $2,000
- License suspension for up to 2 years
- Mandatory education programs
Important Notes:
- Refusal is treated as an admission of guilt
- An ignition interlock may be required
- Repeat offences result in harsher penalties
Care and Control
This offence applies if you control a vehicle while impaired, even if it’s not in motion.
Definition:
Care and control refer to having the ability to operate a vehicle while impaired, even if you’re not driving.
Examples:
- Sitting in the driver’s seat with the keys
- Sleeping in the backseat with the keys nearby
- Attempting to start the vehicle while impaired
Legal Implications:
- Treated as an impaired driving offence
- This can result in a criminal record
- License suspension and fines
Penalties:
- Fines up to $1,000
- License suspension for up to 1 year
Defence Strategies:
- Proving no intention to drive
- Demonstrating safe alternatives
Underage Impaired Driving
Drivers under 21 face stricter laws regarding impaired driving.
Zero Tolerance Policy:
No alcohol or drugs are allowed in the system for drivers under 21.
Detection:
- Breathalyzer tests
- Observations of impairment
Penalties for Young Drivers:
- License suspension for up to 90 days
- Fines up to $500
- Mandatory education programs
Criminal Charges:
- Record of a criminal offense
- Loss of insurance
- Travel restrictions
Long-term Impact:
- Impact on future job opportunities
- Difficulty renting vehicles
- Increased insurance rates
- Ongoing legal obligations
DUI Offences in Oshawa: Penalties and Consequences
First Offence:
- Fines of at least $1,000
- License suspension for one year
- Possible jail time
Second Offence
- Fines up to $2,000
- License suspension for three years
- Mandatory ignition interlock device
Third and Subsequent Offences
- Fines up to $3,000
- Lifetime license suspension
- Increased jail time
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 Oshawa
A DUI lawyer helps navigate the legal complexities and guides the process.
They fight to protect your rights and strive for the best possible outcome.
Navigate Complex
Laws:
We understand the nuances of impaired driving laws.
Professional
Representation:
Experienced representation can significantly affect case outcomes.
Mitigate
Consequences:
A skilled lawyer can minimize penalties and long-term consequences.
Why Our DUI Law Firm in Oshawa is Your Best Choice
We offer expertise, experience, and personalized service to every client.
Specialized Expertise:
Our lawyers focus on DUI defence.
Proven
Track Record:
We have a history of successful cases.
Personalized
Service:
Each client receives individual attention.
Local
Knowledge:
Our firm is familiar with Oshawa’s laws.
Free Initial
Consultation:
We offer a free case review.
Flexible
Payment Plans:
Payment options tailored to your needs.
Testimonials
Get Your Free Consultation with Our DUI Lawyers in Oshawa
Frequently Asked Questions
DUI stands for "Driving Under the Influence," while DWI means "Driving While Intoxicated." Both offences involve impaired driving but differ in specifics. DUI can refer to impairment by alcohol or drugs, whereas DWI typically involves alcohol with a blood alcohol concentration (BAC) over the legal limit.
Refusing a roadside breath test is not advisable. In Oshawa, refusing can lead to automatic penalties such as license suspension, fines, and a criminal charge. It's treated similarly to a DUI conviction, so compliance is generally the better option.
For a first-time DUI offence in Oshawa, penalties may include a minimum fine of $1,000, a one-year license suspension, and possible jail time. Additional consequences may include mandatory education programs and installing an ignition interlock device.
A DUI conviction remains on your driving record for at least 10 years in Ontario. It significantly increases your insurance premiums, as you will be considered a high-risk driver. Some insurance companies may refuse coverage entirely.
If eligible, you may drive with an ignition interlock device installed in your vehicle. This device requires a breath sample before the car starts, and it’s a mandatory condition for some offenders to regain driving privileges.
A DUI lawyer can assess your case, identify legal flaws, challenge evidence, negotiate with prosecutors, and present a solid defence. Their expertise may lead to reduced charges, minimized penalties, or even case dismissal.
Conclusion
DUI charges in Oshawa can be overwhelming, but you don’t have to face it alone. Our senior DUI lawyers are here to provide guidance, support, and a strong defence. We are committed to protecting your rights and achieving the best possible outcome for your case.
Time is crucial in DUI cases. The sooner you contact us, the more options we have to safeguard your future. Don’t wait—reach out now for a 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.