If you’ve been charged with a DUI in Toronto, such as Impaired Driving, 80 Plus (Over 80) or Refuse Breath Sample, you may be wondering what you can expect in your upcoming case. In this article, I provide information about what you can expect and how these types of cases work.
I am a Toronto DUI Attorney who has been practicing for over 10 years. In that timeframe, I have worked on numerous DUI cases and can assist you with better understanding what to expect with yours.
What is a DUI Charge?
A DUI charge can included any of the following charges:
- Impaired Driving
- Impaired Driving Causing Death / Bodily Harm
- 80 Plus (Over 80)
- 80 Plus (Over 80) Causing Death / Bodily Harm
- Refuse / Fail to Provide Breath Sample
Each of these offences is found under the Criminal Code of Canada and not the Highway Traffic Act. This means that, despite the offences being driving related, they are criminal in nature and carry criminal consequences that are significant.
What To Do When Charged with a DUI?
The first step would be to consult with an experienced Toronto DUI Attorney. Time is of the essence in these cases, as there may be information that a lawyer has to obtain from you right away. Not all Toronto Criminal Lawyers practice in DUI Law, so you want to be sure to focus your search on a Toronto DUI Attorney, specifically – namely someone with experience in this area of criminal law.
You will be given an appearance notice by police, which you can review with the lawyer with whon you consult. You will also be given several other documents, including:
- A notice of a 90 day administrative suspension
- A notice of a 7 day impounding of your vehicle
- A notice to appear in court
You should review these documents with the Toronto DUI Attorney on the first call to make sure you understand all of them and the upcoming steps.
What does a Toronto DUI Attorney do?
A DUI Attorney in Toronto focuses their practice on the defence of DUI and Impaired Driving charges. The role of the lawyer is to protect your rights throughout the court process, whether you are guilty or not of the offence(s) in question.
A Toronto DUI Attorney engages in the following type of work:
- Provides legal advice to their clients, explaining all of the client’s options and what the consequences of a conviction would be
- Provides representation in criminal court
- Prepares all written memos and court applications for you
A Toronto DUI Attorney will do their best to ensure that you receive the most positive outcome available for your DUI case.
What is and how do I get disclosure?
Disclosure is the evidence that the police have compiled in your DUI case, which would include things like:
- Witness statements
- Police notes
- Surveillance
If you have retained a Toronto DUI Attorney, the lawyer will obtain the disclosure for you. The disclosure is received usually around the time of the first appearance in court.
Is it worth fighting a DUI in Ontario?
Every DUI case is different. The only way to know whether a DUI is worth fighting would be to have a detailed consultation with a Toronto DUI Attorney, focussing on the following issues:
- What are the legal consequences of being found guilty of a DUI?
- What are the non-legal consequences of being found guilty of a DUI?
- How much will the DUI case cost to “fight”?
- What defences, if any, do you have to the charges?
Answers to these questions will vary on a case by case basis. Some people are looking at fines and driving prohibitions as legal outcome, while others are looking at jail. Some individuals do not mind facing a licence suspension while others cannot afford to lose their licence. You will want to figure out whether your DUI is worth fighting for you by getting answers to these key questions.
How much does it cost to hire a Toronto DUI Attorney?
Fees will differ depending on the lawyer’s experience, the severity of the charges and the anticipated volume of work to be completed. Generally speaking, a DUI case ranges from $4,500 – $15,000. Some lawyers charge hourly rates while other DUI Attorneys in Toronto charge flat fees. You will have to decide what is best for you.
What is the difference between Impaired Driving and Over 80?
Many people are confused when they see that they are facing two separate DUI charges in Toronto. There are differences in these two types of DUI charges:
- Impaired driving requires the Crown Attorney to prove that your ability to drive was at least slightly impacted by the consumption of alcohol or drugs
- 80 plus (or Over 80) requires the Crown Attorney to prove that your blood alcohol concentration exceeded 80 mg of alcohol in 100 ml of blood
In short, you can be “impaired” but not “over 80”, and you can be “over 80” but not “impaired”. These charges, therefore, are mutually exclusive. As a Toronto DUI Attorney, my experience is that impaired driving charges are less challenging to “win”. The reason is that the Crown Attorney usually relies on circumstantial evidence of impairment and not direct evidence to prove their case. By contrast, for the charge of Over 80, direct evidence in the form of a breathalyzer reading is relied on to establish that you were over the legal limit.
Can I go to jail for Impaired driving in Ontario?
Yes. For any criminal charge, let alone DUIs, jail is a legal possibility. In fact, jail is mandatory if you have been convicted for a second time of a DUI offence. First time offenders may also receive a jail sentence in certain circumstances, such as where they got into an accident with very high breath readings. If the Crown Attorney is seeking jail in your case, you will want to retain a very experienced Toronto DUI Attorney to assist in minimizing or avoiding the risk of jail.