Driving under the influence (DUI) is a serious offense in Toronto, possibly carrying lifelong consequences that extend far beyond monetary fines or temporary imprisonment. A DUI conviction has a profound impact on multiple facets of your life, making it exceedingly challenging to move forward. Toronto DUI lawyer Calvin Barry has outlined the essential aspects concerning impaired driving and DUI’s in Toronto, the GTA and Ontario.
In Toronto, there are three primary DUI charges commonly encountered:
- Impaired driving charge: This charge arises when a police officer has reasonable grounds to believe that an individual’s ability to operate a motor vehicle is impaired by drugs or alcohol. Physical observations such as slurred speech, impaired motor skills, and erratic driving behavior contribute to this determination.
- Over 80 PLUS mg charge: This charge applies when a person operating a motor vehicle is found to have a blood-alcohol level exceeding 80 milligrams of alcohol per 100 milliliters of blood, as indicated by a breathalyzer test.
- Refusing to provide a breath sample charge: This charge is applicable when an individual refuses to provide a breath sample to a police officer during a roadside traffic stop or at a police station. It also encompasses cases where the provided breath samples are insufficient for testing purposes.
Testing and Detainment Can Occur Even When Not Operating a Vehicle
Contrary to popular belief, laws related to driving under the influence or impaired driving do not solely apply to actively operating a vehicle. Merely being seated in the driver’s seat of a parked car while intoxicated is sufficient grounds for authorities to request that you step out and undergo testing. Since the enactment of House of Commons Bill 46-C at the end of 2018, individuals observed to be under the influence can be subjected to testing within two hours of being seen in a vehicle. Consequently, if you were seen by an officer walking towards your vehicle after having a drink with a friend, that officer has legal justification to ask you to undergo testing. For a detailed breakdown of how the new impaired driving laws differ from the old framework in Canada, you can review this guide on the new Impaired Driving Law in Canada. It’s important to note that registering a blood alcohol concentration (BAC) of 80 milligrams during these tests can lead to an arrest, much like refusing to comply with the test.
What Happens if I’m Convicted of a DUI?
A DUI conviction is classified as a criminal conviction rather than a summary conviction. It is essential to recognize this distinction. The repercussions of a DUI conviction vary depending on whether it is a first offense or if there are prior DUI convictions. Generally, fines and jail time are to be expected. The court may also mandate the installation of an ignition interlock device in your vehicle and require attendance at a substance abuse rehabilitation program. Additionally, for future driving privileges, a medical evaluation may be necessary.
Potential Loss of Driving Privileges
Temporary suspension of driving privileges is typically imposed, except in cases of repeat convictions, which can result in longer or even permanent license suspensions. Once the conditions for license restoration are met, driving privileges will be reinstated. Your DUI lawyer can provide a realistic outlook based on your history and other legal factors.
DUI Convictions on Record and Background Checks
The duration for which a DUI conviction remains on record varies across Canadian provinces. In Ontario, for example, it remains on record for three years from the date of conviction. Since a DUI conviction is considered a criminal conviction, it will appear on criminal background checks. Consequently, this can impact insurance rates, future employment prospects, loan applications, and other areas, potentially leading to difficulties securing loans, higher insurance premiums, and challenges in finding work. It’s worth noting that arrests that do not result in convictions are unlikely to appear on background checks.
When facing an arrest for a DUI charge, it is crucial to prioritize hiring a skilled criminal defense lawyer renowned for their success in defending DUI cases. It is imperative to approach a DUI charge with the utmost seriousness and take proactive steps to evade conviction. If you require the services of a reputable DUI lawyer in Toronto, contact Calvin Barry for expert legal representation.
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