Introduction
Impaired Driving or Drink Driving Lawyers in Toronto practice in an area of law that can be complicated, even for members of the bar! It’s not surprising that the public may have questions about these types of cases. Here, you’ll find some of the common questions that Toronto Impaired Driving Lawyers face, and answers to these questions.
Question 1 – What is impaired driving?
While the answer may seem obvious – it really is not! Lawyers for Impaired Driving charges often spend days in court litigating about whether certain conduct amounts to Impaired Driving or Drunk Driving. In short, Impaired Driving occurs where an individual’s ability to operate his/her motor vehicle is, to any degree, impacted by the consumption of alcohol or drugs (both illicit and prescription). This answer is applicable to Impaired Driving charges in Toronto, Impaired Driving charges in Ontario and Impaired Driving charges in Canada, given that the Criminal Code of Canada is applicable on a federal level. The law does not change in any part of Canada.
Question 2 – How do I beat an impaired driving charge in Ontario?
The million dollar question! If this answer could be provided on a simple blog post, there would be no need for Toronto Impaired Driving lawyers. There is no single way in which a Impaired Driving charge in Toronto can be “beat” or defeated; and there really is no simple way either, given the nature of the law. Generally speaking, there are two over-arching ways to “attack” Drinking Driving charges:
- On the merits of the charge itself; and
- By arguing that your constitutional (Charter) rights were violated.
Attacking an Impaired Driving charge on the merits means that a defence lawyer is effectively attempting to raise a reasonable doubt as to whether the Crown Attorney has proven the charge, based on what the particular elements of that charge are. Take Impaired Driving by Drug, for example. The Crown Attorney must prove beyond a reasonable doubt several things, including, but not limited to:
- The identity of the driver
- The fact that the driver had consumed a drug
- The drug consumed affected the individual’s ability to drive at least slightly
Any of these aspects of the Crown’s case can be “attacked”, and an accused may “beat” the charge if a reasonable doubt is raised on any of the above.
As far as constitutional arguments go, this is the most common route to “beat” 80 plus charges (or operating a vehicle with excess BAC). In these cases, Courts will always be provided with evidence that an accused’s Blood Alcohol Concentration exceeded the legal limit. If the Judge is legally permitted to rely on that evidence — game over for the accused. In most defences, a Charter application is filed, arguing that one ore more of the accused’s Charter rights were violated by the police in the investigation, and, pursuant to that part of the Canadian constitution, the evidence obtained as a result of that infringement should be “excluded” from a Judge’s consideration.
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
An entire book can be written on Impaired Driving Defences. We will dedicate other blogposts to hone in on specific approaches to take in defending these types of charges.
Question 3 – How much does a lawyer cost for drink driving?
Impaired Driving in Ontario can be costly. It can be costly to the public, where individuals may be injured and require hospitalization on a frequent basis; it can be costly to the government, by having to accommodate the volume of Drink Driving cases that enter the criminal justice system; and, of course, it can be costly to the accused person – particularly financially.
Every lawyer is entitled to bill Impaired Driving Charges as they see fit — as long as their fees are reasonable. Impaired Driving Lawyers typically offer either an hourly rate or a flat fee when billing Impaired Driving charges. Fees will invariably be determined by the following:
- The experience level of the lawyer, particularly how many years s/he has been a lawyer;
- The particular experience of the lawyer in Impaired Driving in Ontario
- The difficulty or complexity of the case (the more serious the charges, the higher the fees)
- Whether the accused has a prior Impaired Driving record (since this on its own can increase the complexity of the case, particularly at the sentencing phase)
Question 4 – How many DUI cases are dismissed Ontario?
This is a common question that most Toronto Impaired Driving lawyers get at a first meeting. Many people’s main worry are the negative implications that arise from a Drink Driving conviction, and want to know what their chances of success are like.
A lawyer will not be able to provide that person with a specific opinion as to the chances of having their own charges dismissed without a detailed review of the disclosure (which is the evidence upon which the Crown relies to prosecute criminal charges, including Impaired Driving charges).
Statistics Canada provides helpful data as to what one’s probability of having their charges dismissed or beaten. Between 2020-2021, the chart located on this link provides crucial data regarding the likelihood to have your Impaired Driving charges dismissed or terminated.
Some key figures from this chart are as follows;
- 39% of individuals were found guilty of their DUI offences (with a total number of 14,914 decisions)
- A total of 9,050 cases were stayed by a Court or withdrawn by a Crown
Therefore, probability wise, you stand a reasonable chance to have your DUI case dismissed.
Question 5 – How Common are DUI Charges in Ontario
According to the Criminal Lawyers Association, approximately one in every five charges that enters the court system in Ontario is the result of Impaired Driving. To put it simply, these charges occupy a vast number of matters in the Ontario Court system!
In 2019, according to Statistics Canada, the police reported impaired driving rate increased by 19% compared to 2018, with a total of 85,673 incidents (note this is Canada wide). This was the highest number since 2011.
Question 6 – Can you go to jail for impaired driving in Ontario?
Yes – jail is a potential outcome for Impaired Driving Charges in Ontario. For a first offence, the maximum sentence is 10 years in jail if the Crown proceeds by indictment, and 2 years less a day if the Crown proceeds summarily. The maximum offences are reserved for the most serious of offences and for repeat and undeterred offenders.
Jail is also a minimum punishment for repeat offenders who drink and drive, or drug and drive. On a second offence, a Judge must impose at least 30 days jail, and for all subsequent offences thereafter, 120 days in jail is the minimum.
Question 7- Is it worth fighting a DUI Ontario?
Whether something is “worth” it is often a subjective question. However, there are several reasons why “fighting” a DUI charge in Ontario may be worth it:
First, the significant consequences that flow from an Impaired Driving conviction cannot be avoided. You will lose your licence for a period of time. You will pay more in insurance. You will be required to install an ignition interlock device in your vehicle (for alcohol impaired cases). You will be required to complete education programming. You may lose your job and you also may be restricted from travel.
Second, as discussed above, based on statistics from Stats Canada, probability wise, you have a reasonable chance at winning an impaired driving case.
The best approach may be to have a consultation with an experienced Impaired Driving Lawyer in Toronto, who can advise you on potential defences and strategies. If the lawyer suggests that you may have an avenue to win the case, this suggests that fighting the case would be worth it, considering the problematic consequences of a conviction.
Question 8 – Should I get a lawyer for a DUI Canada?
The short answer to this is that while it’s a personal decision, influenced by factors only you would be aware of (finances, time to invest in self-representing, personal consequences for facing a criminal record), if, after an initial consultation with a lawyer, you are advised that there may be avenues to fight your DUI charges, then it would make sense to do so.
Representing yourself in a highly technical area of criminal law is not a great decision, and should be a last resort. You should search for the best impaired driving lawyer in Toronto for you, considering your budget, objectives and comfort levels.