Impaired driving, known as driving under the influence (DUI), is a very serious charge for drivers in Toronto. Even though the number of cases of impaired driving has gone down, it remains a big problem on the roads in Ontario.
These charges can be made against any driver seen to be in control of a vehicle while using drugs or alcohol. Sometimes, it is not needed for the person being charged to be driving. Police can choose to bring these charges against people who are just sitting in a parked car while drunk.
But even with how often these charges happen, many people in Ontario don’t understand what this offense really means. They may not know how long a DUI conviction stays on their record, or what their legal rights are.
Every person in Ontario who is charged with a crime, like impaired driving, has the right to challenge those DUI charges in court if they want to.
This blog will explain what to do if you are charged with a DUI. It will describe the steps you need to take to fight those charges in court. You will also learn why it is important to hire a skilled criminal defense lawyer in Toronto to help you build a strong defense against impaired driving charges.
What Do Impaired Driving Charges Entail?
According to the Canadian Criminal Code, you can get a DUI if you are found to be driving a motor vehicle while too impaired to do it safely, or if you have more than 80 mg of alcohol in 100 ml of blood.
If you are found guilty, you might face several results, including:
- Vehicle towing
- Driving ban
- Fine of $1000 or more
- Jail time
These penalties increase based on how many times you have been convicted. For instance, a person with a second DUI in Ontario or a third DUI may face several months in jail and a three-year loss of driving rights. However, someone with a first DUI in Ontario might just get a fine.
For many people in Toronto, getting a DUI can harm their ability to earn a living for years. It can also make it harder to find jobs later on.
If you are caught driving at or above 80/0.08 in Toronto, you will need a lawyer who is experienced in impaired driving cases. These charges are serious. A conviction can greatly disrupt your life.
What Happens After You are Charged with a DUI?
In most cases, police will charge someone with impaired driving if they fail or refuse to take a breathalyzer test. You can legally refuse the test, but not providing a breath sample is also a crime. Either way, you will be arrested and taken into custody. Two more tests will then be given to support the first one.
Your vehicle will be taken and kept for at least seven days. In most cases, you can still drive while you wait for your bail.
Within 24 hours, they will go to a bail hearing. This hearing will decide how they can be released. Since impaired driving is not a violent crime, you will get a Promise to Appear Notice. This means you will agree to have your photo and fingerprints taken. You will also need to attend your first court hearing. It is a good idea to have your criminal lawyer with you for the bail hearing if you can.
The court date you get is different from your trial date. When you go to court for the first time, you will say if you are guilty or not guilty. Do not make this choice without talking to a Toronto DUI lawyer. They can explain all the options you have to defend yourself.
If you get caught driving over 80, it doesn’t mean you will be convicted. The court might say the police had no good reason to stop you, or they did not follow the rules when giving the breathalyzer test. Even if you are found guilty, having a strong defense can help. It could lead to a shorter time with no license, or maybe you won’t lose your license at all.
Impaired driving charges can stay on your criminal record for a long time. The length of time depends on the laws in your area. In some places, these charges may last for several years. In others, they could stay on your record indefinitely. It’s important to check the specific laws in your region to know exactly how long these charges will remain.
There are many things to consider when deciding a sentence for impaired driving. The sentence you get will affect how long the impaired driving charges stay on your record. It will also change how much your insurance costs go up and how long it takes for them to lower again.
If you get a DUI, the conviction will be on your record for three years. If your license is suspended with that conviction, the time goes up to six years. If you have more infractions, convictions can stay on your record for an even longer time.
This is one reason to fight charges in court. Even if you don’t win or get a special release, a shorter sentence can change how long the conviction stays on your criminal record. It can also affect how much you pay for insurance after your suspension ends.
A Toronto criminal lawyer knows the legal options for people facing DUI charges. This can greatly increase your chances of winning a DUI case in Ontario.
With experience as a defense lawyer and a prosecutor, Jeffrey I. Reisman knows how the court system works. He will be your best supporter inside and outside the courtroom. If you have been charged with impaired driving in Ontario, don’t lose hope. Contact Jeff Reisman Law today.