What You & Your Criminal Lawyer Should Know if You Were Arrested for Impaired Driving in Toronto

If you’ve recently been arrested for impaired driving in Ontario or Toronto, know that you’re not the only one. As a matter of fact, there were over 14,000 people arrested for impaired driving in Ontario in 2015, 3,500 being in Toronto. DUIs are a very serious offence and having one could have repercussions on both your personal and private life. This is why it’s important that you know what will be expected of you and know what steps you and your Toronto criminal lawyers can take to dispute the claim if you feel your case was mishandled. Here’s what you should know about impaired driving cases in Ontario.

Being Accused doesn’t Equate a Conviction

While Toronto DUI cases may seem like they’re open and shut at first glance, a lot of people who get arrested don’t end up being convicted. As a matter of fact, in 2015, only 54% of cases ended up with criminal convictions.

This is why it’s important that you consider getting representation if you feel you have a chance. A good criminal lawyer in Toronto like David Cohn will be able to look at all the aspects of your case and see if you have a reasonable defence. For instance, if the officer did not allow you to get legal counsel from a Toronto criminal lawyer, while you were waiting on the scene for a sergeant, for instance, this could be seen as a violation of your rights and could have your case dismissed. So, it’s important that you work with a seasoned Toronto criminal lawyer who understands the changes and nuances in impaired driving law.

The Stages of Investigation

The investigation actually starts at the scene and after an officer has “reasonable suspicion” that you were driving impaired. This is why these are often preceded by a stop after a traffic violation.

The officer will then ask that you provide a breath sample on the scene. But what many don’t know is that this isn’t the test that will be used in court. This is only used so they can arrest you. You will then be asked to provide another sample at the station using a different device. This is the sample that will be used against you in court.

The Penalties

From the minute you’ve been charged, you will be hit with a 90-days driving suspension and your car will usually be impounded for a seven-day period.

Penalties for driving impaired can get pretty serious since it is the biggest cause of criminal death in the country. If this is your first time, you will get a $1,000 fine and a one-year driving suspension. For second offences, the minimum jail time will be 30-days and you’ll get a two-year suspension. If it’s your third time, your lawyer won’t be able to help with the minimum prison time will be 120-days and at least a three-year driving suspension.

Conclusion

Impaired driving cases are very common and should be taken seriously by your lawyers. If you’ve been implicated in one, make sure that you know your rights and speak with a reputable Toronto criminal lawyer for advice.