INTRODUCTION
DUI Charges, such as Impaired Driving, 80 Plus (formerly Over 80) and Refuse Breath Sample, are highly technical charges to defend. Not all criminal defence lawyers in Toronto take on DUI cases for that reason, and may refer them out to other lawyers who do. The technical aspects of DUI revolve around things like:
- The proper use of devices to detect one’s blood alcohol level
- Science (often, toxicologists are called as expert witnesses by either the Defence or Crown)
- The wording of demands made by police, and the legality of these demands
- Search and seizure law (as the taking of a breath sample constitutes a search and seizure, and is legally equivalent to the police seizing drugs from one’s person)
- The use of specific sobriety tests administered by specially trained police offers
On top of that, the drinking and driving law has evolved in such a way that the police have been afforded with more power in investigating drinking and driving matters, given the public interest in eradicating drunk driving. The Criminal Code of Canada went through a significant overhaul in December 2018 (through Bill C-46), and a wide variety of changes were made to the Code surrounding DUI offences. Lawyers practicing in this area of law must keep up with the fast-paced evolution of this sub-category of criminal law.
So, you’re facing a drinking and driving charge and don’t know where to turn next. You don’t know who to hire, as there are many criminal defence lawyers in Toronto. How to determine who the best impaired driving lawyer is for your particular case?
In what follows, some basic tips will be provided, from a criminal defence lawyer, as to what you should be looking for when charged with a drinking and driving offence.
Step 1 – Build a Short-List of DUI Lawyers in Toronto
Not all criminal defence lawyers in Toronto take on DUI / DWI cases. A good starting point is to make a short list of several DUI Lawyers to whom you want to reach out. Analyze the lawyers’ websites or Google Business pages, and determine whether they take on DUI cases. At this point, it is helpful to ensure that the DUI Lawyer has positive feedback from clients, so peruse any reviews the lawyer has online. F
Step 2 – Schedule a Consultation
All criminal defence lawyers offer consultations to prospective clients. Some offer free consultations and others require payment. Decide which option you prefer. Typically, a lawyer offering a free consultation will be constrained in the type of information they can provide you, as most will not be able to offer specific legal advice to your situation. If you are looking for general information about DUI charges, such as potential punishments for your charges, how long the case may take to complete, then filtering lawyers who offer free initial consultations may make sense. By contrast, if you are looking for a lawyer to review documentation you received from the police or courts and provide feedback based on their review, then a paid consultation would likely be the required route.
Schedule more than one consultation with DUI lawyers included on your short list.
Step 3: Crucial Factors to Inquire About During Consultation
This is the most important part of the process in determining who is the best impaired driving lawyer for you.
Reviewing information on websites and Google Business Pages is a helpful screening tool, but you will want to make more detailed inquiries with the lawyer with whom you consult.
- Who will be working on your case?
Even if a criminal defence firm advertises that they practice in impaired driving cases, that doesn’t mean that all the lawyers at the firm will have equal experience. Accordingly, you will want to inquire which lawyer would be handling your case in particular – get a name! To find the best impaired driving lawyer for you, you need to know exactly whom you will be working with. Ensure that the lawyer mentioned practices in DUI and Impaired Driving cases.
- Determine the extent of the experience of the Impaired Driving Lawyer
Some impaired driving lawyers take on only a small portion of these cases, so you will want to determine whether their experience is extensive enough to be effective for your representation. One question you could ask is what percentage of the lawyer’s practice is comprised by DUI / DWI / Impaired Driving charges. The lower the number, the more questions you should ask.
- What strategy will the lawyer employ
Once you’ve narrowed down the lawyers to ones that have sufficient experience in impaired driving cases, and ones that often take on these types of matters, you will want to begin to ask questions about what types of strategies the lawyer will employ in defending your case. While the lawyer will only be able to get into general discussions about strategy at this stage, given the lack of info they have about your file, it would be a red flag if a lawyer was not able to offer any insight into how they typically represent individuals facing DUI charges.
- Be weary of far-fetched claims
If a lawyer tells you that they guarantee they will “win” your DUI case during the consultation phase, it is likely a good idea to consider scratching that lawyer of your list. First of all, criminal lawyers cannot make such promises and are bared from doing so by the Law Society of Ontario. Secondly, it is impossible to know whether a case is winnable without reviewing a client’s disclosure. Thirdly, even if a client has a very strong defence, a lawyer still cannot assure outcomes, particularly in DUI cases.
Step 4: Affordability and Legal Fees
In your hunt for the best impaired driving lawyer for you, once you’ve narrowed down your short list to about two DUI lawyers, a final determining factor may be the cost of representation. There is no “set” way criminal lawyers bill clients. Each lawyer may charge different amounts of money for these cases. You will have to choose a lawyer whose fees you can afford, of course. But cost should not be the only factor. If one lawyer is offering a fee that is, let’s say, half of another one’s, you may begin to wonder why their fees are so low. You can try to arrange a payment plan with a lawyer to reduce the overall impact of a full, up-front retainer. It is best to compare the lawyer’s fees with their experience level, and ensure that the comparison “adds up”, so to speak.
Feel free to schedule a consultation with Andrew Captan – Toronto DUI Lawyer today to see if he’s the right fit for you.