Why You May Need A Newmarket DUI Lawyer
Are you or your loved ones facing DUI charges in Newmarket? The legal process can be complex and full of uncertainties. A Newmarket DUI lawyer at Sondhi Law can guide you through these difficult times.
Driving Under the Influence is a serious offence in Newmarket, as in the rest of Canada. It is the act of operating a motor vehicle while impaired by alcohol or drugs. Newmarket strictly regulates the legal limit for blood alcohol concentration (BAC). Therefore, facing DUI charges can mean you’re looking at severe consequences.
A DUI conviction can result in life-altering implications. They may include fines, license suspension, and possible imprisonment. To increase your chances of a favourable outcome, seek the help of a DUI lawyer. A DUI lawyer understands the complexities of impaired driving charges. They can use the right defences to bring you the results you anticipate.
At Sondhi Defence, we have a team of experienced DUI lawyers ready to assist you with your case. Contact us today and schedule your free consultation.
How Newmarket DUI Laws Work
In Newmarket, Ontario, DUI offences are governed by the Criminal Code of Canada under Section 320.14, which addresses impaired driving offences at the federal level. It sets out various impaired driving offences, including driving under the influence of alcohol or drugs. It also specifies their elements, including impaired driving, driving with a BAC over the legal limit, and refusing to provide a breath sample and the associated penalties.
In addition to the Criminal Code of Canada, Ontario has its own provincial law on DUI, the Highway Traffic Act (HTA). The Act complements federal law by providing additional measures to address DUI offences within Ontario. It imposes administrative penalties, including the suspension of driving privileges, vehicle impoundment, fines, and mandatory education programs.
Ontario has zero tolerance for impaired driving. Under federal law, a blood alcohol concentration of .08% is considered an impairment, resulting in criminal charges. However, a BAC of .05% or higher is considered could also lead to an immediate three-day licence suspension and a fine. Additionally, it is also an offence to drive under the influence of illicit drugs and cannabis.
There is also a zero-tolerance BAC limit for novice and commercial drivers. This includes:
- Drivers under the age of 21,
- Drivers of any age who hold a G1, G2, M1, or M2 licence,
- Driving a vehicle that requires an A-F driver’s licence or Commercial Vehicle Operator’s Registration or
- Driving a road-building machine
Types of DUI Offenses
DUI offences may vary in severity, ranging from misdemeanours to felonies, based on BAC levels, prior convictions, and other aggravating factors. These DUI offences include:
- Impaired driving: It is an offence to operate a vehicle with a BAC of .08% or more.
- Impaired driving by controlled drugs: It is an offence to drive while impaired by substances controlled or regulated under the Controlled Drugs and Substances Act (CDSA).
- Impaired driving by prescription drugs: It is an offence to drive with a blood drug concentration above the blood drug concentration for the prescription drug. It is also an offence to operate a vehicle while impaired by a combination of prescription drugs and alcohol.
- Refusal of a breathalyzer test: Refusing to provide a breath sample for testing when requested by a peace officer is illegal.
- Zero BAC: Minors and drivers with a G1, G2, M1, or M2 license may face charges for operating a motor vehicle with any measurable alcohol amount in their system.
- Impaired driving resulting in bodily harm or death: If impaired driving causes bodily harm or death, the consequences can be more severe.
- DUI with minors in the vehicle: Transporting minors while impaired by alcohol or drugs can lead to additional charges and penalties.
- Criminal negligence: If impaired driving leads to dangerous or reckless behaviour that endangers the public. Criminal negligence charges may apply.
A Newmarket criminal lawyer can help you understand the nuances of your charges. They can also build an effective defence strategy.
The Legal Process for DUI Cases
The process for a DUI case in Newmarket involves the following:
- Traffic stop
- Breathalyzer, physical coordination, or chemical test
- Release or detention
- First court appearance
- Disclosure of evidence
- Pre-trial motions
- Plea negotiations
It’s crucial to consult with a lawyer who understands Newmarket DUI laws and procedures. They can guide you on the legal process and ensure you have the necessary knowledge to make informed decisions. They can help you comprehend the case while protecting your rights. They can also provide advice on your specific situation.
Potential Penalties and Outcomes for DUI Cases
The penalties for DUI convictions in Newmarket can be severe, depending on the offence’s severity or prior convictions. Regardless of the offence or your criminal history, expect the following consequences:
- Risk of annual insurance premium increase
- Driver’s license reinstatement fee
- permanent criminal record
For a first-time DUI offence, the penalties may include:
- Minimum fine of $1,000
- One-year driver’s license suspension
- Mandatory enrollment in education/treatment programs
- Ignition interlock device installation
Subsequent offences and other aggravating circumstances have more severe penalties. Which include:
- Mandatory minimum jail term of 30 days
- Three-year mandatory driver’s license suspension and vehicle impoundment
- Longer ignition interlock device periods
- The fine amount is up to the judge’s discretion.
- In some cases, court-ordered probation.
A third or subsequent conviction has similar consequences to a second-time DUI conviction. However, the license suspension is permanent, and the mandatory jail time is at least three months.
Additionally, aggravating factors can result in a harsher criminal conviction. These factors include:
- Dangerous driving resulting in death
- Careless driving causes bodily harm.
- Excessive BAC levels
- Operating a large motor vehicle.
- Having minor passengers while impaired
- Operating impaired as a commercial driver.
If you are facing impaired driving charges, you must seek legal representation as soon as possible. A Newmarket DUI lawyer can assist you in achieving a favourable outcome. They can work towards a dismissal or reduced charges.
Sondhi Law Firm: Your Defence Against DUI Charges
At Sondhi Defence, our lawyers have an in-depth understanding of the Newmarket criminal justice system. Our team is ready to guide you through every step of the legal process. We offer our experienced, diligent, and reliable legal representation.
In your time of need, our DUI lawyers can offer invaluable help by:
Offering legal guidance while ensuring a thorough understanding of your case
Evaluate the evidence and identify any potential weaknesses in the prosecution’s case. Further, we work to build a solid defence strategy for the specific situation
Negotiate with prosecutors to secure favourable plea deals
If your case goes to trial, we can provide strong representation
Our Newmarket DUI Lawyers can help you throughout the process. We handle driving-related offences, including:
- First-time DUI offences
- Repeat offences
- DUI offence causing bodily harm or death
- Underage DUI charges
Dealing with a DUI charge can be challenging. However, the assistance of the right lawyer can make a significant difference.
Take Your First Step With Sondhi Law Firm
Facing DUI charges in Newmarket can be a daunting experience. A Newmarket DUI lawyer from Sondhi Defence can help you navigate this process. Our legal team is dedicated to providing unwavering support. We have skills in strategizing a defence to help you achieve a favourable outcome. Contact us today for a free consultation if you are dealing with DUI charges.
Can I Handle a DUI Case Without Hiring a Lawyer?
You have the right to represent yourself. However, handling the nuances of DUI laws without legal help can put you at a disadvantage. A DUI lawyer can provide crucial guidance. They can also increase your chances of a favourable outcome.
Do I Have the Right to Refuse a Breathalyzer Test in Newmarket?
Under Canadian law, refusal of a breathalyzer is a criminal offence. Law enforcement may not force you to take it, but refusal can result in a minimum fine of $2000 in addition to charges.
How Long Do DUI Convictions Stay on My Record in Ontario?
A DUI conviction may be eligible to apply for a pardon or a record suspension, but only after a certain period has passed since the completion of their sentence.
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.