If you are facing charges of driving while impaired, it is very important to be represented by an experienced legal professional. At Sondhi Defence, we have years of experience defending Impaired Driving / Drinking and Drug Charges which will make this process as smooth and quick as possible for your family member if their judgment was impacted due to drinking too much alcohol.
To be charged with impaired driving means you are controlling a motor vehicle while having an alcohol level (BAC) that is 80mg or higher per 100ml of blood. This can also include any combination of mind-altering substances, such as cannabis or prescribed medications.
Types of DUI Offences
DUI Attorney Aurora
Are you faced with a driving under the influence (DUI) charge in Aurora? Then you need an experienced DUI lawyer that understands criminal law. DUI charges carry severe consequences that can affect your future, liberty, and quality of life.
Sometimes, these charges are brought against innocent people due to errors made by an arresting officer. Innocent people often get convicted because they did not consult skilled Aurora DUI lawyers. Don’t make that same mistake. There are better options than fighting these charges on your own.
What Is a DUI Investigation?
In Aurora, you will be arrested for DUI if you are driving with a blood-alcohol concentration (BAC) of 80mg of alcohol per 100 ml of blood. This may also include a combination of cannabis and other prescribed drugs. DUI is just one of the impaired driving offences that focus on drinking and driving.
The prohibited levels of alcohol are lower if it is found in the driver’s system in combination with drugs. For example, at least 50mg of alcohol per 100 ml of blood and 2.5 ng (nanograms) or more of THC per ml of blood is enough for an impaired driving arrest.
If an individual has a blood alcohol concentration of 5 ng of THC per ml of blood or higher for the drug alone, that can result in a drug-impaired driving offence. Moreover, having any detectable amount of other drugs such as cocaine, ketamine, PCP, LSD, or magic mushrooms in your system within two hours of driving is also prohibited.
Law enforcement officers may stop your vehicle if they reasonably suspect you of impaired driving. They may request a preliminary breath or oral fluid sample to test for alcohol and drugs. Reasonable suspicion can be based on certain objective facts, such as:
- Abnormal or slurred speech patterns
- Irregular breathing
- Mental confusion
- Muscle tremors
- Red eyes
A positive test result will confirm the officer’s reasonable suspicion of the presence of alcohol. This creates grounds for the officer to proceed with the investigation. They may request that you submit to field sobriety tests (FSTs) and demand a blood sample.
Police officers are obligated to abide by very strict rules when operating DUI checkpoints. Skilled DUI attorneys may be able to show that the officer failed to follow these rules. In such DUI cases, the court may drop the DUI charges entirely.
What Are the Penalties for DUI in Aurora?
The penalties for a DUI case in Aurora vary depending on the following:
- Your BAC level
- Whether it is your first offence
- Whether you caused bodily harm or death to another person
A first DUI offence carries a mandatory minimum penalty of a $1000 fine and a maximum of 10 years imprisonment. A second offence carries a mandatory minimum term of 30 days in prison and a maximum of 10 years imprisonment. A third DUI conviction will result in a mandatory minimum of 120 days and a maximum of 10 years imprisonment. The penalty ranges are the same if convicted of a drug-driving offence.
If the impaired driving resulted in bodily harm to someone else, the penalty is up to 14 years imprisonment. If death occurs, the penalty is a maximum of life imprisonment.
Even for first offenders, refusing to comply with the officer’s demand for a breath sample carries a penalty of $2000 in fines.
Are There Other Consequences for DUI?
Along with the fines and possible prison time, you may face the following consequences:
- Criminal record: After your arrest for DUI, the police will take your fingerprints and photographs. These records are available to the public, including employers and credit agencies. They may conduct background checks and request information from the Ontario Provincial Police.
- Driver’s licence suspension: According to the Highway Traffic Act, a first offence of DUI carries a one-year driver’s licence suspension. A second offence carries a three-year suspension, while subsequent offences carry a lifetime licence suspension.
- Higher car insurance rates: If you have a DUI conviction, you may face higher vehicle insurance rates. Insurance companies classify drivers with DUI convictions as high risk. So, they may have to pay high insurance rates for many years after their conviction.
- Ignition interlock device (IID): A DUI conviction also comes with a mandatory IID installed on your vehicle. The device is an alcohol breath screening device that prevents your engine from starting when alcohol is detected.
- Employment opportunities: DUI convictions can make finding employment difficult. Even if you already have a job, you may lose it, especially if you work as a commercial driver. Employers regularly conduct background checks and may decline your job application.
What Are Defences Available in DUI Cases?
Several defences are available to DUI offenders, including:
- That the officer did not have reasonable grounds
- Faulty breathalyzer machine
- Breaches of your right to legal counsel
- Inaccurate blood or urine test results
- That the alcohol was consumed shortly before the traffic stop
- That the police officer failed to follow proper procedures
- Delays in testing
How Long Does a DUI Stay on Your Record?
The time a DUI charge remains on your driving record depends on your previous DUI convictions. For first-time convictions with no licence suspensions, the charge will stay on your record for three years. If your licence is suspended, it will stay for six years.
In the case of multiple DUI convictions, the charge will remain on their record indefinitely. You may apply for a record suspension after the waiting period has lapsed.
Can You Appeal a DUI Conviction in Ontario?
In Ontario, individuals convicted under impaired driving laws have the right to appeal their conviction. The appeal process is governed by regulations set forth in the Highway Traffic Act and the Criminal Code of Canada. A DUI, whether due to alcohol or drug-impaired driving, is considered a serious criminal offence, and the penalties for impaired driving can be severe.
Upon conviction, individuals may face impaired driving penalties such as mandatory medical evaluation, education or treatment programs, licence suspension, and, in severe cases, imprisonment. The severity of the penalties for impaired driving in Ontario can vary depending on whether it is a first, second, or third offence. Commercial vehicle drivers and fully licenced drivers are subject to stricter regulations and higher penalties under the Ontario Highway Traffic Act.
To appeal a driving under the influence in Ontario conviction, the convicted individual must present a strong case, challenging the validity of the impaired driving conviction. This could involve questioning the accuracy of a drug recognition expert evaluation or disputing the legality of a roadside licence suspension. Education on impaired driving laws and the appeal process is crucial for building a strong appeal.
The appeal must be filed within a specific timeframe, and it is advisable to seek legal counsel experienced in impaired driving offences to navigate the complex legal landscape. A successful appeal could result in the reduction or elimination of penalties, including suspended licence and mandatory alcohol treatment program requirements.
Why Should You Choose Sondhi Defence to Represent You?
If you were arrested for DUI in Aurora, you need the help of an experienced criminal defence lawyer. At Sondhi Defence, we can assist you in the following ways:
- We are knowledgeable about DUI law and can guide you through their requirements
- Our lawyers understand the Ontario court system and will negotiate to have the charges against you reduced
- Our lawyers regularly update their understanding of new laws and regulations
- We have handled several DUI cases and can increase your chances of success
- We can provide you with a defence strategy with the aim of beating your DUI criminal charges
- We can legally represent you in court
- We can provide expert witnesses to challenge the prosecution’s evidence in court;
- We can examine your case for inconsistencies and help you get your licence reinstated
- We will inform you of your rights throughout the DUI process
- Our lawyers can advise on the best possible course of action
Retaining Sondhi Defence to Defend You
Getting arrested for DUI is devastating and affects your family and job opportunities. Canada impaired driving penalties can be harsh, and you can easily lose your driver’s licence. In addition to alcohol-impaired driving, one can also be charged for drug-impaired driving if they are driving under the influence of controlled substances, even prescription medication or over-the-counter drugs, or driving under the influence of alcohol and drugs combined.
Your choice of a DUI attorney will affect how your case proceeds. Therefore, you need a criminal defence lawyer that understands local and state DUI laws.
At Sondhi Defence, we help various clients fight their impaired driving charges. Our lawyers know Ontario’s judicial system and can present an aggressive defence on your behalf. We can review the case’s facts and advise on the most applicable defence.
You should not plead guilty to a DUI charge without reviewing your case with a DUI lawyer. If you are facing charges for a DUI or other driving-related offences, contact us today.
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Get In Touch
If you or someone you know has been charged with a criminal offence, call us right away at 1 (855) 4-SONDHI and get our team on your side.