Introduction

Being charged with a DUI can be a shocking experience that alters your immediate future.  First, your car is taken away for 7 days – a bill you have to foot. Second, your licence, which you may rely on for your livelihood, is suspended mandatorily for 90 days straight.  Third, and most problematic, you are facing a very serious criminal charge with potentially significant criminal law sentences in a DUI.  The experience can leave you confused. And to make things worse, the law surrounding DUIs is not straightforward.

There are many things about DUIs that only Toronto Impaired Driving Lawyers may know about. A large number of Criminal Lawyers in Toronto in general will shy away from DUI charges due to their technicality.

In this article, light is shed on some of those important, yet not commonly known, aspects of DUI & Impaired Driving Law in Canada that you ought to know about if you’re facing a DUI.

To learn more about your charges and what to do about them, feel free to contact us HERE for a FREE case review after reading this article—particularly if you found it informative.

Mandatory Alcohol Screening Permitted

One very critical police power that might be misunderstood, or not known about, is their ability to conduct mandatory alcohol screening tests using Approved Screening Devices pursuant to s. 320.27(2) of the Criminal Code of Canada.  In short, if the police have in their possession an Approved Screening Device, they can conduct randomized tests on motorists to see if they pass or fail the test. If they fail, an arrest will be made and the suspect will be transported to the police station for Breathalyzer (evidence based) tests.

In fact, OPP has released a statement confirming their new policy to require all Toronto based traffic stops to involve a requirement to complete an Approved Screening Device test.

Mandatory Minimum Jail Sentences

It may be know to you that on a second and subsequent DUI offences, there are mandatory minimum jail sentences at play.  A mandatory minimum jail sentence means that if you plead, or are found, guilty, a Judge must sentence you to a jail sentence at least in duration that is specified in the Criminal Code.  For example, on a second offence, a 30 day mandatory jail sentence is applicable.

The less known aspect of this law is that for the minimum to apply, the Crown Attorney must serve you notice of such minimum punishment, and file said notice with the Court for the minimum to be applicable.  Crafty Toronto Impaired Driving Lawyers may be able to convince the Crown Attorney to NOT file that notice in certain cases and perhaps save you having to step behind bars!

Care or Control versus Operation of Vehicle – Liability for Both

There is a common misconception that you have to actually be driving a motor vehicle for DUI laws to be applicable. Toronto Impaired Driving Lawyers understand that driving a motor vehicle is not the only way you could be at risk of a DUI charge and conviction.  If you have “care or control” of a vehicle, you may be at risk of the same.  This means that if you are intoxicated and sitting inside your vehicle without the vehicle on for example, you may face impaired driving charges.

Operating a Conveyance Not Just a Car Can Lead To DUI Charges

Based on key changes to the Criminal Code of Canada in 2018, DUI Law applies to individuals operating “conveyances” not just cars or motor vehicles.  A conveyance can be broadly interpreted and has been ruled to include even non-motorized vessels like a canoe (see R. v. Sillars). Toronto Impaired Driving Lawyers have experienced a wide influx of “novel” situations involving DUI charges as a result.  In short, when operating any type of car, machine, vessel or anything remotely similar, you are wise to assume that Canadian DUI Law could be applicable and not do so under the influence of alcohol.

Andrew Captan – Toronto Impaired Driving Lawyer

In conclusion, there are a number of aspects of DUI law that may not be intuitive or known to you.  Consult with an experienced Impaired Driving Lawyer in Toronto to discuss your rights, options and potential courses of action.  Contact Andrew Captan at (647) 878 – 6355, e-mail him at andrew@captanlaw.com or visit his website HERE.