Introduction
Andrew Captan – Toronto DUI Lawyer is an experienced DUI & Impaired Driving Lawyer located in Toronto, and, in this article, provides suggestions for locating the Best Impaired Driving Lawyer in Toronto FOR YOU.
You can schedule a consultation with Andrew Captan by calling (647) 878-6355, e-mailing andrew@captanlaw.com or visiting his website HERE.
Introduction to DUI & Impaired Driving Charges in Toronto
Have you been charged with a DUI or Impaired Driving offence? Your search for an experienced Impaired Driving Lawyer begins here.
DUI and Impaired Driving charges in Toronto, Ontario are common. Toronto Police continue to receive more complaints about drunk drivers. Complaints have gone up about 5% since last year. A “crime control” approach on DUIs effectively exists, which means that
- The Government and courts have increasing penalty severity over the years
- Fewer limits on police discretion in investigating DUI and Impaired Driving in Toronto exist, and police powers have increased
- The consequences of a DUI outside of court have gradually become more punitive
Andrew Captan is an experienced DUI Lawyer in Toronto. Through his experience, he can provide you with “insider” information about how to narrow down your search for a Toronto DUI Lawyer to help you with your criminal case.
Finding the Best Impaired Driving Lawyer in Toronto may seem like a challenging task, especially if it’s the first time you’ve faced a criminal charge (which, often time, it is for these types of crimes).
DUI & Impaired Driving Charges in Toronto include a fairly wide number of offences (not just one):
- Impaired driving
- Driving w/ excess Blood Alcohol Level
- Refusing or Failing to Provide a breath sample
- Impaired driving causing bodily harm or death
- Driving w/ excess Blood Alcohol Level causing bodily harm or death
Generally speaking, DUIs can encompass any one of the following types of fact scenarios:
- Operating a motor vehicle after consuming alcohol such that your BAC is 80 mg of alcohol in 100 ml of blood
- Having care or control of a vehicle (such as sitting in the driver seat with the engine on) of a vehicle after consuming alcohol and your BAC is 80 or more
- Drinking alcohol to the point that the affects of the alcohol have at least slightly impacted you ability to drive (such as causing you to swerve; causing you to have coordination issues; causing an accident etc)
- You refuse a lawful breath demand made by a police officer (such as a random demand made at a RIDE stop check)
There are a wide variety of situations that can give ride to DUI offences in Toronto. DUI Lawyers in Toronto sometimes encounter clients charged with DUIs in circumstances you would have never considered as possibly giving rise to criminal charges, such as :
- Driving a canoe over the legal limit (the Criminal Code now uses the term “conveyance” to categorize the types of things you cannot operate intoxicated / over the legal limit, not just motor vehicles)
- Operating a fork lift
- Operating a tractor
- Operating a e-bike, even if the e-bike is being peddled
Outcomes of DUI & Impaired Driving cases in Toronto will often be determined by the seriousness of the offence. Locating the Best Impaired Driving Lawyer in Toronto for you is crucial, as a result. Other facts, besides offence seriousness, include your prior criminal history, your age, your employment status, and other factors.
DUIs and Impaired Driving Charges in Toronto contain “minimum” punishments, unlike many other crimes. The minimum punishment that is applicable in your case will depend on whether you are a first offender or a repeat offender.

Sections 320.19(1) and 320.24 of the Criminal Code of Canada set out the punishments for Impaired driving for first time and repeat offenders.
- First time offenders for the offences of Impaired Driving and 80 Plus face a minimum $1,000 fine, and a 12 month driving prohibition. If you have been convicted for a Refuse Breath Sample charge, then the minimum fine increases to $2,000, along with a 12 month driving prohibition (at a minimum). If your blood alcohol concentration exceeds 120, the minimum fine exceeds $1,000. For a first offence, there is also a 12 month provincial driving suspension that is automatic and cannot be avoided
- If you are a second time offender, there is a minimum 30 day jail sentence applicable and a two year driving prohibition. For repeat offenders beyond a second time, there is a minimum 120 day jail sentence and a three year driving prohibition applicable.
- Note that, on a second offence, the province of Ontario will suspend your licence for a period of 3 years, and therefore you may be restricted from driving above and beyond the prohibition ordered by the Criminal Court.
DUI Lawyers in Toronto will work with you to try and develop a strategy to either minimize the penalty as far as possible towards the minimums, try to win your case at a trial or to try and negotiate your DUI charges to be withdrawn (typically in exchange for a guilty plea to the traffic offence of careless driving).
In this article, I outline some of the steps you can take to locate the Best Impaired Driving Lawyer in Toronto for you. Every case is different, and every individual charged is different. You may have personal preferences that another person may not have, so there is no such thing as one single Best Impaired Driving Lawyer in Toronto. This article is only a guide and not meant to be an exhaustive tool to help you in your search. You have to explore all options that you see fit in your search for the right DUI Lawyer in Toronto for you.
Typically, the start of the process of a DUI charge is that you would have been taken to a police station, charged and released on an Undertaking to appear in court. The paperwork you receive may be confusing to you and may have certain condition on it that you must follow. This is the most common point at which individuals begin their search for DUI Lawyers in Toronto.
Step 1 – Create a list of DUI Lawyers in Toronto
While many Criminal Lawyers in Toronto operate a general criminal defence practice (meaning they take on any and all criminal offences), one exception to that is the area of DUI Law. Many criminal lawyers do not take these files on, either because they lack experience in them or they feel they are overly technical (which they can be). So, a good starting point is to narrow down your search in Google to certain keywords that target DUI Lawyers in particular, such as:
- Toronto DUI Lawyer
- DUI Lawyer Toronto
- DUI Lawyers in Toronto
- Impaired Driving Lawyer Toronto
- Best Impaired Driving Lawyer Toronto
- Best DUI Lawyer in Toronto
- DWI Lawyer in Toronto
Once you’ve conducted searches using these keyword phrases, It is important to make a list of some DUI Lawyers who stand out to you on your initial search, whether it be because:
- The professional appearance of their website
- The size of their firm (either big or small)
- The reviews they have about DUI cases in particular the size of their firm
It will be too time consuming to review every single DUI Lawyer in Toronto that pops up on your search, so it is suggested that you make a list of 10 Toronto DUI Lawyers from your searches.
It is worth pointing out here that, in conducting online searches, you will find websites that create “top 3”, “top 5” or “top 10” lists for DUI Lawyers, suggesting that the number one on that list would be the best DUI Lawyer in Toronto. Be careful as to how you rely on these lists, as I have written about in an article that can be found HERE. The reason is that these sites may be receiving “ad money” from lawyers or from other advertisers, and are simply creating their own perceived “top” list in order to achieve their own agendas. While very good DUI Lawyers may appear on the lists, the point is that don’t simply rely on them to make your judgment call on which one is the Best Impaired Driving Lawyer in Toronto for you.
Step 2 – Make a Short List of Toronto DUI Lawyers
At this stage, it makes sense to make a short list of Toronto DUI Lawyers who meet certain important criteria, such as:
- Their office being within travel distance to you, in case you need to meet in person
- They have an online presence that suggests they are respected in the profession
- They have strong reviews online
- Their websites indicate that they have experience in defending DUI Charges in Toronto
It is suggested that you narrow down the first list of 10 Criminal Lawyers to approximately 5 by navigating these types of factors. Your search has to continue and the harder part begins after Step 2 – but be patient!
Step 3 – Schedule a Consultation with a Toronto DUI Lawyer
The further you proceed down the list of suggested steps, the more important each step becomes.
The next step would be to schedule a consultation with the Toronto DUI Lawyer you made a short list of. It is best to call each and every lawyer on your short list in order to see if a consultation can be scheduled. Some DUI Lawyers in Toronto offer “on the spot” consultations.
It is worth mentioning that some DUI Lawyers in Toronto charge for consultations and others don’t. You should make sure you inquire about whether a fee will be charged to you for the lawyer’s time.
I know this may seem like a daunting task to find a DUI Lawyer, but rest assured, you’re almost there! To find the Best Impaired Driving Lawyer in Toronto for you, it is important that you dedicate some time to the search.
Step 4: Questions During Consultation with Toronto DUI Lawyer
This is the most important factor when searching for the best Impaired Driving Lawyer in Toronto for you.
Reviews and a DUI Lawyer’s online presence are the most obvious starting point to finding the Best Impaired Driving Lawyer in Toronto. There are a number of other critical factors and questions that you should answer before retaining a Toronto DUI Lawyer:
- Find out which lawyer will be working on your case specifically
You want to ensure that the lawyer at the law office you retained is one you’re comfortable with. If you hire a Criminal Law Firm in Toronto, you may not be sure which lawyer will be assigned unless you ask.
- Experience Level of DUI Lawyer
Once you find out which DUI Lawyer will handle your case, you may want to ask more about their experience levels. Questions to determine experience might include the following:
- (a) How long have they been a lawyer?
- (b) What percentage of the lawyer’s practice do DUIs comprise?
- (c) What is the lawyer’s trial experience with DUI charges?
- (d What strategy would the lawyer employ in defending your DUI charge?
- Look out for red flags
It is worth noting that there are certain things that a lawyer should not, or even ethically cannot, do or say when meeting with prospective clients. If a lawyer says any of the following, be weary of retaining them:
- They guarantee they will “win” the case
- They are the best Toronto Domestic Assault Lawyer – hands down!
- They want a full retainer first before answering any of your general questions
- They tell you they will take care of the case and will not want you to be involved in any aspects of it (and just to leave it all to them)
- They have never lost a Domestic Assault case
If any red flag arose in your interview or consultation, I would cross that lawyer right off the list and move on!
Step 5: Lawyer Fees in DUI / Impaired Driving Cases
The final important aspect of locating the Best Impaired Driving Lawyer for you is determining which fee structure fits your needs. Lawyers may bill for their work in different ways, and there is no “standard” fee for a Domestic Assault Charge in Toronto. You should make inquiries with the lawyer about their fee structure, including:
- Whether they bill hourly or on a “block fee” (or flat fee) basis;
- What their hourly rate is;
- What their block fee rate is;
- Whether there will be any potential “hidden” fees or potential surprises as far as costs go;
- Whether there may be costs other than fees, such as disbursements (a disbursement is an expense a lawyer may incur in a case that is typically paid out by the client)
You can make inquiries about what the lawyer’s retainer is, and whether you will be able to pay that amount up front. Moreover, you can ask about whether the lawyer offers interest-free payment plans, which may assist individuals who can pay the ultimate amount agreed on but in a longer time frame.

Conclusion
Andrew Captan – Toronto DUI Lawyer has provided a step by step guide to retaining the best Impaired Driving Lawyer in Toronto for you, and have provided general points from the perspective of a criminal lawyer. For a FREE consultation with him, call (647) 878 – 6355 or e-mail andrew@captanlaw.com.