DUI & Impaired Driving Offenses

Protecting Your Rights on the Road

Facing a charge for impaired driving or related offences can be a daunting experience with serious consequences. At Nihang Law, we provide experienced legal representation to protect your rights and work towards the best possible outcome for your case.

Understanding DUI Charges

In Canada, driving under the influence (DUI) offences are taken seriously and encompass a range of situations where an individual operates a vehicle while impaired by alcohol or drugs. Here are the common types of DUI charges in Canada:

1. Impaired Operation

This charge applies when a person operates a motor vehicle while their ability to do so is impaired by alcohol, drugs, or a combination of both. Impairment can be demonstrated through various signs, including:

• Erratic driving behavior, such as swerving or failing to maintain a lane
• Physical symptoms like slurred speech, unsteady movements, or bloodshot eyes
• Performance on sobriety tests, including roadside coordination assessments
• Results from drug recognition evaluations (DRE), conducted by trained officers

The law does not require a specific blood alcohol concentration (BAC) to prove impairment in these cases. Observable evidence of impaired ability is sufficient.

2. Driving Over 80

This charge occurs when a driver’s blood alcohol concentration (BAC) exceeds 80 mg of alcohol per 100 ml of blood. This level is typically determined through:

• Breathalyzer tests administered roadside or at a police station
• Blood tests conducted when a breath sample is not possible or practical

The Crown must establish that the test was administered properly and within the required timeframe after driving. Any procedural errors could lead to challenges in court.

3. Refusal to Provide a Breath Sample

It is a criminal offence to refuse a legally demanded breath, blood, oral fluid, or urine sample. Charges can be laid even if you do not explicitly say “no” but fail to comply with the officer’s instructions.

Refusing a test is treated as seriously as impaired driving itself and carries similar penalties, including:

• Mandatory license suspension
• Fines and potential jail time
• A criminal record upon conviction

4. Impaired Driving by Drugs

With the legalization of cannabis and the increasing prevalence of other impairing substances, impaired driving by drugs is now a major focus for law enforcement. Officers may use:

• Oral fluid screening devices to detect the presence of drugs
• Standardized Field Sobriety Tests (SFST) to assess impairment
• Drug Recognition Evaluations (DRE), which involve a series of physical and cognitive assessments
• Blood tests to measure drug levels

Charges may apply whether the drug is legal (like cannabis) or illegal, and both prescription and over-the-counter drugs can be factors if they impair driving ability.

5. Multiple and Aggravated Offenses

Repeat DUI offences or cases involving additional factors, such as:

• Causing bodily harm or death
• Having a minor in the vehicle
• Driving with a suspended license due to a previous DUI conviction

These can lead to more severe charges and heightened penalties, including lengthy imprisonment and prolonged license suspensions.

Immediate Consequences of a DUI Charge

Upon being charged with a DUI offence in Ontario, you may face immediate administrative penalties, including:

• 90-Day License Suspension: An automatic suspension of your driver’s license.
• 7-Day Vehicle Impoundment: Your vehicle may be impounded for a week.
• Criminal Charges: You will be formally charged and required to appear in court.

Potential Penalties Upon Conviction

If convicted, the penalties can be severe and may include:

• Fines: Monetary penalties that can vary based on the specifics of the offence.
• Driving Prohibition: A court-ordered prohibition from driving for a specified period.
• License Suspension: Further suspension of your driver’s license. Charitsis Law
• Mandatory Education or Treatment Programs: Requirement to attend programs aimed at preventing future offences.
• Ignition Interlock Device: Installation of a device that prevents your vehicle from starting if alcohol is detected on your breath.
• Jail Time: In cases with aggravating factors, imprisonment may be imposed.
• Permanent Criminal Record: A conviction will result in a criminal record, affecting employment and travel opportunities.

Our Approach to DUI Defence

At Nihang Law, we take a comprehensive and strategic approach to defending DUI charges:

• Detailed Case Analysis: We meticulously review all evidence, including police reports, breathalyzer results, and witness statements.
• Charter Rights Assessment: We examine whether your rights under the Canadian Charter of Rights and Freedoms were upheld during the investigation and arrest.
• Customized Defence Strategy: We develop a defence tailored to the unique circumstances of your case, exploring all possible avenues for a favourable outcome.
• Negotiation and Representation: We engage with prosecutors to negotiate reduced charges or alternative resolutions and represent you vigorously in court if necessary.

Contact Nihang Law Today

If you are facing a DUI or related driving offence charge, it is crucial to seek legal assistance promptly. Contact Nihang Law for a confidential consultation. We are committed to protecting your rights and guiding you through every step of the legal process.