FACING A DUI CHARGE IN NEWMARKET?
If you’ve been charged with a DUI in Newmarket, it’s important to understand the legal process and how to protect your rights. Impaired driving charges in Newmarket fall under the Criminal Code of Canada, which governs all DUI-related offences throughout Ontario and Canada. However, local court procedures and resources in Newmarket make it essential to have a lawyer familiar with the area.
TYPES OF DUI OFFENCES IN NEWMARKET
You could be facing one or more of the following charges:
Over 80 (BAC) – You may be charged if your blood alcohol concentration is 80mg or more per 100ml of blood, even without obvious signs of intoxication.
Impaired Driving – This charge is based on observable impairment due to alcohol or drugs — not just a breathalyzer result.
Refusal or Failure to Provide a Breath Sample – Refusing to comply with roadside or station testing could result in this separate criminal offence.
Care or Control While Impaired – You don’t need to be driving. Simply being behind the wheel with the potential to operate the vehicle while impaired may result in a charge.
DUI COURT PROCESS IN NEWMARKET
After being charged, you’ll usually be released with conditions, including:
Fingerprinting and photo identification appointment
A court appearance at the Ontario Court of Justice in Newmarket
Early case management hearings may take place virtually using Zoom, allowing your lawyer to appear on your behalf in many cases.
WHAT ARE THE PENALTIES FOR DUI IN NEWMARKET?
DUI convictions carry harsh legal consequences and long-term personal effects:
First-Time Offenders:
Impaired / Over 80: $1,000 fine minimum + 1-year license suspension
Refusal to Provide Sample: $2,000 fine minimum + 1-year prohibition
Second Offence:
Minimum 30 days in jail + 2-year license suspension
Third or Subsequent Offence:
Minimum 120 days in jail + 3-year license suspension
💡 Additional Court Costs: A 30% victim fine surcharge is automatically added to any fine imposed.
Long-Term Impacts:
Criminal record affecting employment and travel
High-risk insurance or policy cancellation
Mandatory Ignition Interlock Device
Back on Track remedial education program required for license reinstatement
DUI “CARE OR CONTROL” OFFENCES IN NEWMARKET
Even if you weren’t driving, you can still be charged in Newmarket. If you’re in the driver’s seat or have access to the keys while impaired, the law may assume you had care or control of the vehicle.
This can be proven through:
The legal presumption of intent under s. 320.35 of the Criminal Code
Evidence of a realistic risk that you could operate or accidentally move the vehicle
What matters most isn’t your intent — it’s the potential danger the situation poses, which courts take seriously.
WHY HIRE A NEWMARKET DUI LAWYER?
Andrew Captan defends DUI cases across Newmarket and York Region. With a decade of courtroom experience, he provides:
Direct access and personal communication — no middlemen
Strategic and locally-informed defence planning
Affordable payment options for qualified clients
📞 Call Andrew Captan now at (647) 878 – 6355 for a consultation about your DUI charge in Newmarket.
