If you have been charged with impaired driving/driving under the influence (DUI), you may be wondering what your best course of action is. In this article, a criminal lawyer in Mississauga discusses the basics of these charges and how to respond to them.
What is Impaired Driving / DUI?
Impaired driving means operating a motor vehicle while under the influence of alcohol, drugs (including prescription medications if those medications can impair your driving), or a combination of alcohol and drugs. “Motor vehicle” includes cars, trucks, motorcycles, buses, and even some off-road vehicles like ATVs and snowmobiles when they are operated on public roads.
In Ontario, if you are found to have a blood alcohol concentration (BAC) of 0.08% or higher, or the police believe that your ability to drive is impaired by any substance, you could be charged with impaired driving.
Since the subjective judgement of a police officer can play a role in your charges and conviction for DUI, having a criminal lawyer in Mississauga help you with your case is crucial to ensuring that you are not charged or penalized based solely on this judgment.
What are the Charges for Impaired Driving / DUI
In Ontario, you could face significant jail time and fines depending on your previous offences and whether the impaired driving resulted in injury or death. Even a first-time offence can carry these penalties:
- A fine of at least $1,000.
- Mandatory education or treatment programs.
- A minimum license suspension of one year.
- Possible vehicle impoundment.
- Possible installation of an ignition interlock device upon license reinstatement.
If you are arrested for impaired driving, contact a criminal lawyer in Mississauga immediately: they may be able to help you avoid penalties or help you get the penalties reduced.
How Can a Criminal Lawyer in Mississauga Help With a DUI?
If you are charged with impaired driving / DUI, a criminal lawyer in Mississauga would ensure that your rights are protected and would start working on your defence immediately with the following:
Protecting Your Right to Representation
You have the right to legal representation and to be informed of this right when you are arrested. If the police did not tell you about this right or denied you access to a criminal lawyer in Mississauga or elsewhere, your lawyer can use this to have the charges against you dismissed.
Challenging the Legitimacy of the Search
Your criminal lawyer in Mississauga will question the legality of the traffic stop. In Canada, you have the right to protection from unreasonable search and seizure, and a traffic stop falls under this protection. If you are pulled over, the police must have a valid reason to believe that you had or were about to break the law before stopping your vehicle. Without this, the stop is not legitimate, and the criminal lawyer for your Mississauga case can argue that any evidence obtained in the search should be excluded.
Disputing the Legality of the Testing at a Ride Check
In Ontario, the police can stop any and all vehicles at Ride Check sobriety checkpoints. However, they still need reasonable grounds to test you for evidence of impairment. Testing is a search of your body and falls under your right to protection from unreasonable search and seizure.
The criminal lawyer for your Mississauga DUI could argue that the police had no reasonable grounds for the search. The police could cite evidence such as an unsteady driving pattern, the smell of alcohol in your vehicle, or slurred speech. Your lawyer can counter these by, for example, showing that your driving was due to a mechanical problem with your car, your car smelled of alcohol because a drink had been spilled on you, and your speech was slurred because you recently had dental surgery. If your criminal lawyer in Mississauga is successful with these arguments, the evidence obtained in the search would not be admissible in court.
Questioning the Validity of the Test and the Testing
Depending on how your BAC was tested, a criminal lawyer in Mississauga might challenge the testing by getting information about the calibration and maintenance records for the testing device, the length of time that you were observed, the chain of custody of the evidence, and any substances that could have interfered with the test, such as mouthwash or medications.
Arguing for Lower Penalties
In some cases, the police have solid evidence that even the best criminal lawyer in Mississauga would not be able to dispute. In these cases, a lawyer could seek to have the penalties against you reduced. This would involve a guilty plea, which your lawyer would use to show that you are remorseful, that you are taking responsibility for your acts, and that you are committed to changing your behaviour.
What to Do If You Are Charged with Impaired Driving / DUI
If you are charged with DUI or any other offence, do not speak to the police without a criminal lawyer from Mississauga or elsewhere at your side. Although your first impulse may be to answer their
questions honestly or to vigorously argue for your innocence, there is a reason why the police tell you that “anything you say could be used against you”; it is very easy to make a mistake that incriminates you.
Follow the instructions you get from the police, but remain silent until you have spoken with an attorney, who will advise you going forward.
About Aswani Datt: Your Criminal Lawyer in Mississauga
If you need a criminal lawyer in Mississauga, call the offices of Aswani Datt. Mr. Datt and his staff will come to your assistance immediately, providing you with the advice and counsel you need to deal with your charges and get the best outcome possible. Being charged with any crime can be stressful and disorienting. Aswani Datt and his team will guide you through the process with compassion and integrity and will vigorously defend you against the charges. Contact Aswani Datt by phone at 905-755-0104 (toll-free at 1-844-DATTLAW (1-844-328-8529). Our offices are conveniently located at 7111 Syntex Drive, Unit 130, in Mississauga, just north of Highway 401. Get in touch with us today, and let us defend you!
