Charged with a dui or drunk driving offence?
If you are convicted of a DUI offence, you can lose your license and you stand to face large fines.
Before you plead guilty to a drunk driving offence, it is important that you have an experienced lawyer review your case and talk to you about all of your defences.
We focus on all DUI and drunk driving offences under section 320 of the Criminal Code. These offences include care and control, impaired driving and refusal to provide a sample. Just because your breathalyzer readings are not favourable does not automatically mean you should plead guilty.
With DUI charges you don’t instantly recognize your defence. It often only becomes visible once a trained lawyer thoroughly scrutinizes the work of the police. This is why it is so important that you meet with an experienced lawyer when you are facing these charges.
Contact us. We will answer.
The symptoms of impairment are often consistent with symptoms of being tired, emotional, or another pre-existing medical condition. Just because the police think you are impaired does not mean you are.
The breathalyzer says you are over 80, that can still be challenged. Just like any other measuring device, breathalyzers don’t alway work, especially if they are not being used properly. Get a lawyer’s opinion.
Impaired by Drug
With the de-criminalization of marijuana, more charges are being laid for “driving while high”. We skillfully litigate these charges and fight to ensure that your rights are protected.
DUI Charges – Frequently Asked Questions
What is Over 80?
“Over 80 ” is a bit of a misleading name for the DUI offence in section 320.14(1) of the criminal code. Drunk driving laws changed at the end of 2018. “Over 80” should actually now be called equal to or more than 80. If you have equal to or more than 80 mg of alcohol in every 100 mL of blood, (within 2 hrs of driving) you can be charged with this offence. You can be guilty of this charge even if you do not look or act drunk.
What is Impaired Driving?
Impaired driving is the DUI charge that is laid if you are driving and impaired by drugs or alcohol. You can be charged with this offence even if you are only slightly impaired.
Sometimes police think that people are impaired when they are not. This can be because a person is tired, emotional, sick or even a combination of these things.
What is a Conveyance?
DUI law in Canada changed at the end of 2018. Now all impaired driving offences apply more to more vehicles than before. The real offence is impaired operation of a conveyance. A conveyance now means a “a motor vehicle, a vessel, an aircraft or railway equipment.”
You can even be charged with this offence if you are in a canoe.
What is care and Control?
Everyone knows that “DUI” stands for “driving under the influence.” However, you may be charged with a DUI even if they did not drive the vehicle. That’s because you can still be in “care or control” of a vehicle without driving it. The police often come across people who are not driving their vehicles but who are still considered to be in “care or control” of it. If you are drunk and have care or control of a vehicle you can still be guilty of a criminal charge, even if you do not put the car into drive.
One example is if you are sleeping in the driver’s seat of their car with the keys in the ignition. You could be charged even if they were trying to “sleep it off” because you did not want to drive drunk. The reason for this is that the lawmakers have a concern that if you are in this position you could put the public at risk. Also you could suddenly change their mind and drive home. This is too much of a risk, therefore the lawmakers decided to make this an offence.
What is a DUI charge?
A DUI or DWI is term for driving under the influence of alcohol or driving while impaired by alcohol. These terms are commonly used to describe all drunk driving related offences. The Criminal Code of Canada lists all the commonly laid drunk driving offences.
Will I lose my license?
If you are convicted of a DUI, you will likely lose your license for at least a year. In some cases you can start driving again after three months if you install an ignition interlock device.
If you are charged, you will have your license suspended for 90 days. This applies even if you are eventually found not guilty.
Will I go to jail?
You can go to jail if you are found guilty of a DUI. Usually, if it is your first time and you are not very drunk, you will not get jail time.
If you are convicted of drunk driving for a second time, you will be sentenced to at least 30 days in jail.
If you are convicted for the third time or more, you will serve at least 120 days in jail.
Do I need to blow into the breathalyzer?
Yes! If the police ask for your breath during a drunk driving investigation, you should always provide it. If you are not impaired, you have nothing to worry about. If you are, you may still be below the legal limit or have other defences at your disposal. If you refuse because you have not been drinking, you will still be charged with a refusal.
“Very pleased with the service I received from Lakin.
Had constant contact with him which made me feel much more confident with my defence. Was feeling very insecure heading into this whole process. I outlined to him what I needed regarding an outcome, and he more than surpassed my expectations.
Thank you for your hard work and dedication, Lakin. I will certainly recommend your services to anyone I know who finds themselves in a bind and really doesn’t know where to turn.
D. C. | More Google Reviews
(Past results are not necessarily indicative of future results and litigation outcomes will vary according to the facts in individual cases.)
Criminal Defence Resources
Sexual Assault Definition What is the the Definition of sexual assault in Canada? What are the Criminal Code provisions for sexual assault? Under section 271 of the Criminal Code of Canada, a person can be charged for committing a sexual assault. This section of the...
Under section 810 of the Criminal Code of Canada, a person (called the complainant) can lay a peace bond against another person (called the defendant). A peace bond is a court order in the form of a signed promise that the defendant will obey certain rules for a...
The first thing to know about the difference between sexual assault and rape is that “rape” is not listed as a criminal offence in the Criminal Code of Canada. Sexual assault is listed as an offence, and it is contrary to section 271 of the Criminal Code. Rape What...
What is Statutory Rape? Statutory Rape in Canada is defined as any sexual contact with a person under the age of consent. This usually refers to an adults touching children for sexual purposes. What is the Age of Consent in Canada? Canada’s age of consent is 16 years...
What is an Intermittent Sentence? An intermittent sentence is a sentence of imprisonment that is served on specific days only, as opposed to consecutive days. For an example, a person who is sentenced intermittently could serve their sentence on weekends only. It is...
What is the Fundamental Principle of Sentencing? The Criminal Code states that the fundamental principle, or guiding rule, of sentencing is that “[a] sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.” This...