DUI Lawyer Toronto - Impaired Driving Lawyers
Facing a DUI or Impaired Driving Charge in Toronto? Contact Us Now!
Facing DUI charges in Toronto can be overwhelming, but you don’t have to go through it alone. Our experienced Toronto DUI lawyers are here to provide the expert legal support you need. Act now to protect your driving privileges and avoid harsh penalties.
Get Help Now
Our Seasoned Toronto DUI Lawyers and Impaired Driving Defence Team
At Karapancev Law, our team of dedicated and experienced DUI and impaired driving lawyers is committed to providing top-notch legal representation. Our DUI lawyers bring extensive knowledge and a proven track record of success in defending DUI and impaired driving cases, ensuring you receive the best possible defence.
Why Choose Karapancev Law’s Experienced Toronto DUI Lawyers?
At Karapancev Law, we pride ourselves on our commitment to providing top-tier legal representation for individuals facing DUI and impaired driving charges in Toronto. Our team of seasoned DUI and impaired driving lawyers brings a wealth of experience and a proven track record of success in handling these complex cases.
Expertise in DUI and Impaired Driving Law
Our lawyers specialize in DUI and impaired driving cases, ensuring that we are always up-to-date with the latest legal developments and strategies.
Personalized Approach
We understand that every case is unique. That’s why we take the time to understand your specific circumstances and tailor our defence strategy to your needs.
Forceful Defence
We are committed to defending your rights vigorously. From challenging the legality of the traffic stop to questioning the accuracy of breathalyzer tests, we leave no stone unturned in building a strong defence for you.
Proven Results
Our criminal defence law firm has a history of achieving favourable outcomes for our clients, including reduced charges and complete acquittals.
Compassionate Support
We know how stressful facing a DUI charge can be. Our team provides compassionate support throughout the legal process, ensuring you are informed and confident every step of the way.
DUI and Impaired Driving Recent Cases
R. v. H.J.: The client was arrested for with driving while impaired and “Over 80”.
DUI & Over 80 charges were withdrawn
The police were contacted after he was seen leaving a restaurant when employees feared he was intoxicated. He was arrested and his breath tests were found to be above the legal limit. The defence contended that the length of time required to obtain trial dates violated his 11(b) Charter rights. The judge agreed and the charges were stayed.
R. v. H.J.: The client was arrested for with driving while impaired and Over 80.
Impaired Driving & Over 80 charges were withdrawn
He was discovered asleep in the driver’s seat of his automobile on the shoulder of a highway. He provided breathalyzer readings that were higher than the legal limit. The defence filed an 11(b) Charter Application, asserting that the case had been unreasonably delayed. The Court agreed and the proceedings were stayed.
R. v. A.E.: The client was charged with Over 80 and impaired driving.
Over 80 & Impaired Driving charges were withdrawn
He was located by his vehicle in an allegedly impaired state. After a thorough review of the disclosure, the defence was able to see that the police breached the accused’s right to counsel. This was brought up with the Crown in negotiations, and they ultimately agreed to withdraw the criminal charges.
Disclaimer: Past results are not necessarily indicative of future results. Every case is unique.
DUI and Impaired Driving Charges We Defend in Toronto
Impaired Driving by Alcohol or Drug
Impaired driving involves operating a vehicle while your ability to do so is compromised by alcohol or drugs, including prescription medications. The prosecution must prove in court that the driver’s capacity to operate a motor vehicle was impaired by alcohol or drugs beyond a reasonable doubt.
Alcohol-Impaired Driving Lawyer Toronto →
Drug-Impaired Driving Lawyer Toronto →
Care & Control
You don’t need to be driving to be charged with impaired driving. Simply being in “care and control” of a vehicle while impaired is enough. This can include sitting in the driver’s seat with the keys in your possession. The law aims to prevent potential risk situations where an impaired person might unintentionally drive.
Over 80
Driving with a BAC 80 milligrams of alcohol per 100 milliliters of blood, or over, is a specific offence. Even if you feel fine, if your BAC is over the legal limit, you can be charged. This charge often involves breathalyzer tests conducted by police officers during roadside checks and at the station.
Refuse Breath Sample
If you are asked to provide a breath sample and refuse, you can be charged with this offence. Refusing to take a breath test carries similar penalties to impaired driving and is taken very seriously by the courts. The law mandates compliance to ensure road safety.
How Our Toronto DUI Lawyer Team Can Help You Defend DUI Charges
There are several viable defences to DUI and impaired driving charges. At Karapancev Law, our experienced DUI and impaired driving lawyers can challenge the allegations against you through various methods, including:
Exclusion of Evidence
We can argue for the exclusion of evidence if a police officer violated your Charter-protected rights during the stop, search, or arrest process. This can significantly weaken the prosecution’s case.
Technical Challenges
We scrutinize the technical aspects of breathalyzer and breath testing procedures. This includes examining whether the equipment was properly calibrated and whether the tests were administered correctly.
Questioning Police Procedures
We can challenge the police officer’s reasons for obtaining a breath sample, ensuring that they had reasonable and lawful grounds for their actions. Any procedural errors can be pivotal in your defence.
Personalized Legal Advice
Consulting with one of our firm’s experienced DUI and impaired driving lawyers is crucial for understanding the best steps to take in your specific situation. Upon arrest or detention, you are entitled to seek consultation for advice. Our DUI and impaired driving lawyers are ready to provide the guidance you need to navigate these charges effectively.
DUI Convictions and Penalties
A DUI conviction is significantly different from a DUI charge. If a police officer pulls you over on suspicion of intoxication and you are arrested, you may be charged with a DUI, but you have not yet been convicted in a court of law. Here’s what you need to know about the penalties for DUI convictions:
1st DUI Offence
The minimum court-ordered penalties for a first-time DUI conviction include:
- $1,000 Fine: A mandatory minimum fine for first-time offenders.
- One-Year Driver’s License Suspension: Your license will be suspended for one year.
- Alcohol Education Course: Mandatory enrollment in an alcohol education program.
- Ignition Interlock Program: One-year enrollment in the ignition interlock program after your license is reinstated.
2nd DUI offence
The minimum penalties for a second-time DUI conviction are more severe:
- Three-Year License Suspension: Your driver’s license will be suspended for three years.
- 30 Days in Jail: Mandatory minimum jail time of 30 days.
- Fine at the Judge’s Discretion: The judge may impose a fine based on the specifics of your case.
- Ignition Interlock Program: Three-year enrollment in the ignition interlock program after your license is reinstated.
3rd DUI offence
Penalties for third and subsequent DUI convictions are the most severe:
- 10-Year to Lifetime License Suspension: Your driver’s license could be suspended for 10 years to life.
- 120 Days in Jail: Mandatory minimum jail time of 120 days.
- Fine at the Judge’s Discretion: The judge may impose a fine based on the specifics of your case.
- Lifetime Ignition Interlock Program: Lifetime enrollment in the ignition interlock program if your license is ever reinstated.
Client Reviews
DUI and Impaired Driving Blog
DUI and Impaired Driving Frequently Asked Questions
What happens when a person is arrested for DUI?
When police officers suspect a driver is impaired based on their observations and roadside tests, they will arrest the individual and transport them to the police station for additional testing, such as a breathalyser or blood test. If the driver refuses to perform these tests or provide fluid samples, they will face penalties equivalent to those for a DUI conviction.
Click here to learn more about “What Usually Happens After a DUI Arrest”
What is the maximum BAC (blood alcohol concentration) for DUI in Canada?
The legal limit for BAC in Canada is 0.08%. If a driver’s BAC is 0.08% or higher, they can be charged with impaired driving. However, even if your BAC is below this limit, you can still be charged if your ability to drive is impaired.
Click here to learn more about “How Many Drinks Does It Take to Reach 0.08% BAC?”
Are there other consequences of a drinking and driving conviction?
Yes, beyond fines, license suspension, and jail time, a DUI conviction can lead to increased insurance premiums, mandatory alcohol education programs, installation of an ignition interlock device, and long-term impacts on employment and travel opportunities.
How much does a DUI lawyer cost?
The cost of hiring a DUI lawyer can vary widely based on the complexity of the case, the lawyer’s experience, and the region. It is important to discuss fees upfront during the initial consultation to understand the potential costs involved.
What are the chances of getting a DUI dismissed?
The chances of getting a DUI dismissed depend on the specifics of the case, including the evidence available and the defense strategy employed. An experienced DUI lawyer can identify weaknesses in the prosecution’s case and use them to seek a dismissal.
Can a DUI be removed from your record?
In Canada, a DUI conviction can be removed from your record through a pardon (record suspension) after a certain period of time has passed and all fines and sentences have been completed. However, this does not erase the conviction but rather suspends it from your criminal record.
Can a DUI affect permanent residency in Canada?
Yes, a DUI conviction can affect permanent residency status in Canada. It may be considered a serious criminal offense, which can impact immigration status and lead to deportation proceedings.
What types of DUI laws are there in Toronto?
Toronto, like the rest of Canada, follows federal impaired driving laws under the Criminal Code. These include offenses such as impaired driving by alcohol or drugs, driving with a BAC over 0.08%, refusing to provide a breath sample, and being in care and control of a vehicle while impaired.
What are the penalties if found guilty of DUI charges in Toronto?
Penalties for DUI convictions can include fines, license suspensions, jail time, mandatory participation in alcohol education programs, and installation of ignition interlock devices. The severity of the penalties increases with repeat offenses.
How can someone effectively beat a DUI charge?
Effectively beating a DUI charge often involves challenging the accuracy of BAC tests, questioning the legality of the traffic stop, and identifying any procedural errors made by law enforcement. Consulting with an experienced DUI lawyer is essential to developing a strong defence strategy.
Can someone get out of a DUI without going to trial?
Yes, it is possible to resolve a DUI charge without going to trial through plea negotiations, pre-trial motions, or by having the charges dropped due to lack of evidence or procedural errors.
How do you get DUI charges dropped in Toronto?
DUI charges can be dropped by demonstrating that the evidence is insufficient, that there were violations of the defendant’s rights, or that there are significant weaknesses in the prosecution’s case. An experienced DUI lawyer can identify and leverage these factors.
Will a DUI conviction affect auto insurance?
Yes, a DUI conviction will almost certainly lead to higher auto insurance premiums, as insurers consider individuals with DUI convictions to be high-risk drivers.
Can a DUI conviction affect permanent residency in Canada?
Yes, a DUI conviction can have serious implications for permanent residency status in Canada, potentially leading to removal proceedings depending on the severity of the conviction.
Is it possible to remove a DUI from a person’s record?
In Canada, it is possible to apply for a record suspension (pardon) to remove a DUI from your criminal record after a waiting period and completion of all sentencing requirements.
Arrested or Accused of DUI or Impaired Driving in Toronto? Contact Our Experienced DUI Lawyers Toronto Team!
Don’t wait, get expert legal help now! Contact Karapancev Law for a Free Consultation. Our experienced Toronto DUI lawyers are ready to fight for your rights and secure the best possible outcome for your case. Contact us today.
Request a DUI and Impaired Driving Lawyer Free Consultation
If your matter is urgent, or if calling outside regular office hours, you can reach us at (416) 613-9984. It is important that you state your name and phone number clearly so that we can call you right back if we are not available at the time of your call.
General enquiries:
office@karapancevlaw.ca
133 Richmond Street West, Suite 200
Toronto, ON M5H 2L3
Office: (416) 613-9984
Toll Free: (888) 265-1820
Fax: (647) 945-7550