Have you ever been convicted for a DUI offence? Well, you are not alone. 14,765 DUI incidents were reported in 2016 in Ontario. In Toronto, 3,500 DUI incidents were reported in 2015. However, according to impaired driving lawyer Toronto, being charged with DUI offence doesn’t mean you are guilty.
So, you could be asking how? Well, this is only possible if you hire a seasoned and skilled impaired driving lawyer Toronto. With the Ernst Ashurov lawyer, there are high chances of positive results.
- What Encompasses DUI Offence
In Toronto, Impaired driving is a general term that encompasses three criminal offences. They include:
- Driving a motor vehicle while your judgement is influenced by drugs or alcohol.
- Driving or being under the control of a motor vehicle when your blood-alcohol ratio is beyond the set limit, and
- Refusing to give a breath sample when requested to do so.
2. The Investigation Of Impaired Driving Offence
Usually, this starts by police stopping you at the side of the road or checkpoint. In Toronto, police have the authority to stop any vehicle for inspection.
When stopped, the police are likely to ask for a driver’s license. He may also want to know if you have been drinking so that he can establish reasonable grounds to believe beyond reasonable doubts that you are driving under the influence. If he is convinced, he may ask for a breath sample.
After you give the police a breath sample at the roadside, if they find the alcohol content is beyond the accepted level, they will arrest you and take you to the police station where more samples are taken. At this point, you would be asked if you want to reach out to your impaired driving lawyer Toronto.
Though many people don’t know this, typically, the breath sample that police take at the roadside cannot be relied upon in court. The police should take ‘evidentiary samples’ using different devices at the police station.
The ‘evidentiary device is known as Intoxilyzer 8000C, and just like any other device, it cannot be perfect and needs maintenance. In case the maintenance record hints it was not functioning as expected, this may form a loophole for your impaired driving lawyer Toronto to exploit.
3. Impaired Driving Sentencing
Impaired driving can attract heavy penalties. If convicted in the Greater Toronto Area, you will be fined $1000 and driving probation of a minimum of a year. If you commit the offence for the second time, you will be jailed for one month with a driving prohibition of 24 months. A third driving under the influence offence will attract three months jail term and at least 36 months driving prohibition. The maximum period you can be jailed for DUI is five years.
However, if there are injuries involved due to DUI charges, sentencing is usually involved, which could be ten years for bodily harm and a life sentence if the victim dies.