Scarborough DUI Lawyers: Your Shield Against Impaired Driving Charges
When you’re facing a DUI charge in Scarborough, the weight of the legal system can feel overwhelming. That’s where we come in. As experienced DUI lawyers, we offer comprehensive criminal defence for various criminal charges, including impaired driving, ensuring your rights are protected every step of the way.
Impaired driving charges aren’t just a minor inconvenience—they can have life-altering consequences. That’s why having a lawyer who’s well-versed in DUI law isn’t just helpful; it’s crucial. Our firm boasts years of experience in tackling DUI and impaired driving cases, giving you the edge you need when your future’s on the line.
Understanding DUI and DWI in Scarborough?
What is DUI?
DUI, or Driving Under the Influence, refers to operating a motor vehicle while impaired by alcohol or drugs. It's a serious offence that can lead to severe penalties, including fines, licence suspension, and even jail time.
What is DWI?
DWI, or Driving While Impaired, is often used interchangeably with DUI. In Scarborough and across Canada, the term "impaired driving" is more commonly used to cover all instances of driving under the influence of alcohol or drugs.
Common DUI Offences in Scarborough
Understanding the various DUI offences is crucial.
Here’s a breakdown of the main charges you might face:
A DUI offence can encompass various charges, including impaired driving,
over 80 mg, and refusal to provide a breath sample.
Impaired Driving
Impaired driving charge occurs when your ability to operate a vehicle is compromised due to alcohol or drugs. This doesn’t just mean being over the legal limit—if the police can prove your driving was impaired to any degree, you can be charged.
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
Implications:
- Fines starting at $1,000
- Driving prohibition for at least 1 year
- Criminal record
Additional Consequences:
- Increased insurance premiums
- Mandatory education or treatment programs
- Installation of an ignition interlock device
Over 80 mg
This offence refers to having a Blood Alcohol Concentration (BAC) over 80 milligrams of alcohol per 100 millilitres of blood. It's often called "Over 80" for short.
Legal Limit:
80 mg of alcohol per 100 ml of blood (0.08%).
Detection:
Through breath or blood tests conducted by law enforcement.
Legal Consequences:
- Minimum $1,000 fine
- Mandatory driving prohibition
- Potential jail time for repeat offences
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 requested by law enforcement, you’re legally required to provide a breath sample. Refusing to do so is a criminal offence and can lead to charges as severe as impaired driving itself.
Legal Obligation:
Drivers must comply with police requests for breath samples
Consequences of Refusal:
- Automatic charge
- Same penalties as impaired driving
- Often harder to defend in court
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 "care and control" even if you're not driving. If you're in your vehicle and have access to the keys, you could be charged if impaired.
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 Scenarios:
- Sleeping in your car while drunk
- Sitting in the driver's seat with the engine running to stay warm
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 when driving, as these are considered serious criminal 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 Underage Offenders:
- Immediate 24-hour licence suspension
- Fines and further suspension if convicted
- Potential criminal charges
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
Impaired Driving Charges in Scarborough
The severity of penalties increases with repeat offences. Here's what you might face:
First Offence:
- Minimum $1,000 fine
- 1-year driving prohibition
- Mandatory education or treatment program
Second Offence
- Minimum 30 days in jail
- 2-year driving prohibition
- Mandatory education or treatment program
Third and Subsequent Offences
- Minimum 120 days in jail
- 3-year driving prohibition
- Mandatory education or treatment program
The Importance of Contacting an Impaired Driving Lawyer in Scarborough
Why should you reach out to a lawyer? Here’s why it’s crucial:
Navigate Complex
Laws:
DUI laws are intricate and ever-changing. An experienced lawyer stays up-to-date with the latest legal developments.
Professional
Representation:
Having an experienced and skilled defence lawyer in your corner can make all the difference in court proceedings, especially when defending against drinking and driving charges.
Potential for
Reduced Charges:
A skilled lawyer may be able to negotiate lesser charges or even have your case dismissed.
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
Why Choose Our DUI Law Firm in Scarborough?
When you’re facing DUI charges, you need more than just any lawyer—you need the best. Here’s why we stand out:
Experienced Criminal
Defence Lawyers:
Our experienced criminal defence lawyers have successfully defended countless DUI cases.
Proven Track
Record:
We’ve helped many clients avoid conviction or secure reduced charges.
Personalised
Service:
We treat each case with the individual attention it deserves.
Local
Expertise:
Our in-depth knowledge of Scarborough’s court systems gives you an edge.
Free Initial
Consultation:
We’ll assess your case at no cost to you.
Flexible
payment plans:
We offer adaptable payment options to ensure you can access quality legal representation without financial strain.
Testimonials
Don't Face DUI Charges Alone—Contact Us Today
When you’re up against impaired driving charges in Scarborough, time is of the essence. Don’t let a DUI derail your life. Our experienced team of criminal defence lawyers is ready to fight for your rights and your future.
We understand the stress and uncertainty you’re facing. That’s why we offer a free, no-obligation consultation to discuss your case. During this meeting, we’ll:
- Review the details of your arrest
- Explain your legal options
- Outline potential defence strategies
- Answer all your questions
Remember, the decisions you make now can impact your life for years to come. With our Scarborough DUI lawyers by your side, you’ll have the best chance at a favourable outcome.
Don’t wait—contact us today to schedule your free consultation
The DUI Defence Process:
What to Expect
When you choose our Scarborough impaired driving lawyers, here’s how we’ll approach your defence:
- Initial Consultation: We’ll review your case details and explain your options.
- Evidence Gathering: We’ll obtain and analyze all relevant evidence, including police reports and witness statements.
- Defence Strategy: Based on the evidence, we’ll develop a tailored defence strategy.
- Pre-Trial Negotiations: We’ll engage with the Crown to explore possibilities for charge reduction or dismissal.
- Trial Preparation: If necessary, we’ll prepare a robust defence for trial.
- Court Representation: We’ll advocate fiercely on your behalf in court.
The Impact of a
DUI Conviction
Understanding the full impact of a DUI conviction is crucial. Beyond legal penalties, you may face:
- Employment Challenges: Many jobs require a clean driving record.
- Travel Restrictions: Entering some countries, like the U.S., can become difficult.
- Insurance Hikes: Your car insurance premiums could skyrocket.
- Personal Reputation: A criminal record can affect personal and professional relationships.
Additionally, impaired driving causing death can lead to severe consequences, including license suspensions, huge penalties, and prison time.
Our Scarborough DUI lawyers work tirelessly to help you avoid these long-lasting consequences.
Common DUI Defence Strategies
While every case is unique, here are some defence strategies our experienced lawyers might employ:
- Challenging the Traffic Stop: Was there reasonable suspicion for the initial stop?
- Questioning Breathalyser Accuracy: Were the devices properly calibrated and maintained?
- Examining Police Procedures: Were your rights respected during the arrest and testing?
- Exploring Alternative Explanations: Could medical conditions or other factors explain the test results?
Our Scarborough DUI lawyers will scrutinize every aspect of your case to build the strongest possible defence.
Why Local Expertise
Matters in DUI Cases
Choosing a Scarborough-based DUI lawyer offers distinct advantages:
- Local Court Experience: Our Scarborough DUI lawyer team has extensive experience with the procedures and protocols specific to Scarborough courts.
- Understanding of Local Police Practices: Our experience with local law enforcement can be crucial in building your defence.
- Accessibility: We’re right here in your community, available when you need us.
Don’t underestimate the value of local knowledge when it comes to DUI defence.
FAQs About DUI Charges in Scarborough
While you have the right to refuse, doing so can result in charges as severe as those for impaired driving within the criminal justice system. It’s generally advisable to comply with police requests.
An immediate 90-day administrative driving prohibition is typically imposed. If convicted, you face a minimum one-year driving ban for a first offence.
In some cases, it may be possible to negotiate a plea to a lesser charge. This is where having an experienced DUI lawyer can be invaluable.
A DUI conviction remains on your criminal record indefinitely unless you apply for a record suspension (formerly called a pardon).
It may be possible to obtain a restricted licence for work purposes, but this varies case by case. Your lawyer can advise on the possibilities.
Take Action Now: Protect Your Future
The moments after a DUI charge are critical. Every decision can impact the outcome of your case. Don’t face this challenge alone—let our experienced Scarborough DUI lawyers guide you through the legal maze. Contacting the Law Society of Ontario can help in finding a qualified DUI lawyer in Scarborough.
Remember, a DUI charge is not the same as a conviction. With the right legal representation, you have a fighting chance to protect your rights, your licence, and your future.
Visit: 5075 Yonge Street, Suite 501, Toronto, Ontario M2N 6C6, Canada
Our Scarborough DUI lawyers are standing by, ready to start building your defence. Your future is worth fighting for—let’s get started today.