DUI Lawyer Vaughan: Your Trusted Advocate in Impaired Driving Cases
In the bustling city of Vaughan, Ontario, driving under the influence (DUI) remains a serious concern. If you’re facing impaired driving charges, you need an experienced DUI defence lawyer to protect your rights and future. Our team of skilled DUI lawyers in Vaughan is here to guide you through this challenging time.
Understanding DUI and DWI in Vaughan?
What is DUI?
DUI, or Driving Under the Influence, refers to operating a motor vehicle while impaired by alcohol or drugs. In Vaughan and across Canada, DUI is a serious criminal offence that can have life-altering consequences.
What is DWI?
DWI, or Driving While Impaired, is often used interchangeably with DUI. In Vaughan, both terms refer to the criminal act of operating a vehicle while one's ability is impaired by alcohol or drugs.
Common DUI Offences in Vaughan
Impaired Driving
Impaired driving is a serious criminal offence in Vaughan and across Canada. It occurs when a person operates a motor vehicle while their ability to do so is impaired by alcohol or drugs.
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
This offence refers to operating a vehicle with a Blood Alcohol Concentration (BAC) exceeding the legal limit of 80 milligrams of alcohol per 100 millilitres of blood.
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
In Canada, drivers are legally required to provide a breath sample when requested by a police officer who suspects impaired driving.
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
This offence relates to being in care or control of a vehicle while impaired, even if you’re not actively driving.
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
Vaughan, like the rest of Ontario, has stricter laws for young and novice drivers regarding alcohol and driving.
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 Vaughan. 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 Offences in Vaughan: Penalties and Consequences
The severity of penalties for DUI offences in Vaughan increases with repeat offences:
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
The Vital Role of an Impaired Driving Lawyer in Vaughan
A Vaughan DUI lawyer has the local knowledge and expertise to effectively represent you in court. Facing DUI charges can be overwhelming. Here’s why contacting a lawyer is crucial:
Navigate
Complex Laws:
DUI legislation is intricate and constantly evolving. An experienced lawyer can help you understand your rights and options.
Professional
Representation:
A skilled lawyer can present your case effectively, potentially reducing charges or having them dismissed.
Mitigate
Consequences:
Even if conviction is unavoidable, a lawyer can work to minimize penalties and protect your future.
Why Our DUI Law Firm in Vaughan is Your Best Choice
Choosing the right legal representation is critical. Here's why our firm stands out:
Specialised
Expertise:
Our team focuses on DUI and impaired driving cases, giving us unparalleled knowledge and experience.
Proven
Track Record:
We've successfully defended numerous clients, achieving charge reductions and dismissals.
Personalised
Service:
We understand each case is unique and provide tailored strategies to meet your specific needs.
Local
Knowledge:
Our deep understanding of Vaughan's legal system gives you an advantage.
Free Initial
Consultation:
We offer a no-obligation consultation to discuss your case and outline potential strategies.
Flexible
Payment Plans:
We offer flexible payment options to ensure you can access the high-quality defence you deserve, regardless of your financial situation.
Testimonials
Get Your Free Consultation with Our DUI Lawyers in Vaughan
Don't face DUI charges alone. Contact our experienced team today for your free consultation.
We're here to
protect your rights, your future, and your freedom.
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 protect your rights, challenge evidence, and potentially have charges reduced or dismissed.
The best defence strategy depends on the specifics of your case. Common defences include:
- Challenging the legality of the traffic stop
- Questioning the accuracy of breath or blood tests
- Arguing that you weren't in actual care or control of the vehicle
- Demonstrating procedural errors by law enforcement
Our experienced lawyers will assess your case and develop the most effective defence strategy for your situation.
Costs vary depending on the complexity of your case and the lawyer's experience. Many firms, including ours, offer free initial consultations. During this meeting, we can discuss potential fees and payment options. Remember, investing in quality legal representation can save you money in the long run by potentially reducing fines and penalties.
While jail time is possible for a first DUI offence, it's not always mandatory. Factors such as your BAC level, whether an accident occurred, and your criminal history can influence sentencing. With skilled legal representation, you may be able to avoid jail time for a first offence. However, repeat offences carry a much higher risk of imprisonment.
Conclusion
Facing DUI charges in Vaughan is a serious matter, but you don't have to face it alone. Our team of experienced DUI lawyers is here to guide you through this challenging time. We'll work tirelessly to protect your rights, your future, and your freedom.
Don't let a momentary lapse in judgment define your future. Contact our Vaughan DUI lawyers today for your free consultation. Together, we'll navigate the legal system and fight for the best possible outcome in your case.
Remember, time is of the essence in DUI cases. The sooner you reach out, the more options we'll have to build a strong defence. Call us now and take he first step towards protecting your future.