Introduction
Impaired driving, and DUI charges, are some of the most commonly laid charges by Peel Regional Police in Brampton. The police have a “zero-tolerance” approach for impaired driving. You will be arrested, without question, for a DUI charge in Brampton if any of the following occurs:
- You are found driving, or in the front seat of, a motor vehicle and you are impaired
- Your blood alcohol level is at or exceeds 80 mg of alcohol in 100 ml of blood
- You refuse a valid breath demand made by a Peel Regional Police Officer
In each of these scenarios, chances are, you will be contacting a Brampton Impaired Driving Lawyer. When you do contact one, you will likely have a list of questions to ask. In what follows, some of the commonly asked questions faced by a DUI Lawyer in Brampton are answered.
Is impaired driving a criminal offence in Brampton, Ontario
Impaired Driving and all related DUI charges are considered crimes. They are not traffic tickets or provincial offences, and should be treated as serious as, say, an Assault. As Impaired Driving in Brampton is a crime, the punishments that go with it carry criminal convictions. If you’ve been charged with an Impaired Driving offence in Brampton, the starting point is to contact a Brampton Impaired Driving Lawyer today to discuss your case.
What types of DUI or Impaired Driving Charges are there in Brampton, Ontario?
A “DUI” charge is an informal, rather than a legal, way of describing a list of several criminal charges relating to drinking and driving, or drugged driving. The following is a list of DUI charges found under the Criminal Code of Canada that one might face in Brampton:
- Impaired driving – s. 320.14(1)(a) of the Criminal Code
- Driving with an excess blood alcohol concentration – s. 320.14(1)(b)
- Refusal of a Breathalyzer – s 320.15(1)
There are more serious forms of these offences, particularly where there is bodily harm or death involved. Specific sections of the Criminal Code deal with these aggravating factors and the punishments, of course, go up if there is bodily harm or death.
While each DUI offence may seem similar, there are key differences. A Brampton Impaired Driving Lawyer, or a DUI Lawyer in Brampton, will be able to advise you on the differences and how they relate to what happen in your particular case.
Aftermath of a Impaired Driving Charge in Brampton, Ontario
A number of immediate and significant consequences unfold when someone is charged by Peel Regional Police in Brampton for an Impaired Driving charge. The following is a list of some of the important ones to note:
- Your driver’s licence will be suspended automatically for 90 days
- Your car will be towed from the scene and be impounded for 7 days impound of your car
- You will be placed in police custody for the taking of breath samples
- You will be issued a court date to attend
- You will be issued a date to attend a police station for fingerprinting
Once you have been issued a court date, it is crucial to contact a Brampton Impaired Driving Lawyer to discuss your situation. Time is usually of the essence.
Will my insurance increase after being charged with a DUI in Brampton?
A DUI in Brampton can significantly affect insurance, if you are convicted. However, being charge usually does not lead to changes in insurance. This is because there is a presumption of innocence involved in all criminal cases. Your goal, once charged, is to explore ways in which you may be able to avoid a criminal conviction. Retaining an experienced Brampton Impaired Driving Lawyer will be the first step to trying to achieve this goal.
What are the penalties for a DUI in Brampton?
Sections 320.19(1) and 320.24 of the Criminal Code set out the punishments for Impaired driving for first time and repeat offenders.
For first time offenders, a DUI in Brampton will lead to the following:
- A minimum $1,000 (provided that your blood alcohol concentration falls below 120 mg / 100 ml of blood)
- A 12 month driving prohibition
If you are charged with Refusing a Breath Sample, the minimum fine increases to $2,000.
If you are charged with a DUI that involves bodily harm or death, jail time becomes the standard outcome, although there is no particular “minimum” punishment as there is in a DUI Simplicitor.
Once you are charged with a DUI, you will be issued paperwork describing the particular charges you are facing, along with the corresponding section(s) of the Criminal Code of Canada. Once you have that information, you can reach out to a Brampton Impaired Driving Lawyer to discuss the potential punishment range you are facing.
How long does an Impaired Driving case last in Brampton, Ontario?
Generally speaking, an Impaired Driving case, or a DUI in Brampton, lasts between 2-6 months if the case does not proceed to trial, and 12-18 months if it requires a trial. An experienced DUI Lawyer in Brampton will keep a keen eye on the 18 month mark, as any trials that are set for 18 months after the charges were laid may lead to an argument that there was unreasonable delay in your case. A DUI Lawyer in Brampton may argue, under s. 11(b) of the Charter, that your case should be stayed (or dismissed) for unreasonable delay, and if the trial date exceeds 18 months, then the delay is considered to be presumptively unreasonable.
How long do police have to charge you with DUI in Brampton?
First, limitation periods in Criminal Law depend on the type of charge we are dealing with. For summary conviction offences, according to s. 786(2) of the Criminal Code of Canada, the limitation period is 12 months from the date of the incident. For indictable offences, there is no limitation period. DUI Charges in Brampton can be prosecuted either by summary conviction or by indictment, given the legal structure of then. Generally speaking, DUI charges are laid immediately, the day of the investigation. More rarely will a DUI Lawyer in Brampton observe a lengthier investigation, but they can happen – particularly, for example, where blood work has to be assessed before determining levels of alcohol.
How to get a DUI dismissed in Brampton
DUI and Impaired Driving Charges in Brampton are not “simple” to defend. DUI Law is a highly technical area of criminal law. On a general level, there are two main ways in which to defend (or try to beat) a DUI Charge in Brampton:
- On the merits of the charge itself; and
- By arguing that your constitutional (Charter) rights were violated.
Defending a DUI charge on the merits means your DUI Lawyer in Brampton will attempt to argue that the Crown has not proven each element of the offence(s) with which you are charged beyond a reasonable doubt. Some of the elements in your case may include:
- That you were over the legal limit
- That you were, in fact, the driver
- That your ability to operate the vehicle was at least slightly impacted by the consumption of alcohol or drug
While these may seem like “straightforward” issues to prove, they may not be, as there are “evidentiary” rules that the Crown must follow in order to prove them. And some times, the police make an error in the investigation that makes the Crown’s job difficult
Constitutional, or Charter arguments, are the second route to attack DUI cases in Brampton – particularly, the 80 Plus charges. Some of the common Charter arguments made within this context include:
- The accused was arbitrarily detained and arrested – s. 9 of the Charter
- The accused was not afforded his rights to counsel – s. 10(b) of the Charter
- The accused was not advised of the reasons for his/her detention – s.10(a) of the Charter
- The accused’s breath samples were illegally obtained – s. 8 of the Charter
Is it worth fighting a DUI in Brampton
Because of the impact that a DUI can have on your life, many people decide to “fight” these types of charges. But, at the end of the day, every case must be assessed individually. Some are worth fighting and others may not be. An experienced DUI Lawyer in Brampton should assess your disclosure and provide you a legal opinion on whether you should resolve your case or take it to trial.
How likely is jail time for first DUI Ontario?
Jail time for a first offence is unlikely, unless any of the following occur:
- There is a serious accident that you’ve caused
- You injured someone else or put others at high risk of injury (whether in your car, in another car or to the public at large)
- Your breathalyzer readings were extremely high (above 200 mg / 100 ml of blood)
How many drinks is 0.08 BAC?
On average, and depending on certain weight, gender and alcohol type variables, for every drink you consume, your BAC will climb by .02 percent. The safest way to avoid drinking and driving is to avoid calculations like this and not drink and drive!
Andrew Captan – Brampton Impaired Driving Lawyer
Andrew Captan is an experienced Brampton Impaired Driving Lawyer and has over 11 years of experience in Impaired Driving law. For a free and honest case review, call him at (647) 878 – 6355, e-mail him at andrew@captanlaw.com or visit his website HERE.
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