Drinking and Driving (D&D) offences such as impaired driving, failing to provide a breath sample or a breath sample is over 80 mg are Criminal Code offences in Canada. A DUI (Driving under the influence) offence has dire consequences to both your licence and insurance premiums. If found guilty, harsh sanctions can be put into place that can affect your current job, future employment opportunities and your ability to travel.
You do not need to let one mistake affect your future. We have a team of Hamilton DUI lawyers that can help you avoid the disastrous mandatory penalties associated with impaired driving. Our team of DUI lawyers in Hamilton will demonstrate strong attention to detail when it comes to defending you against your drinking and driving charges.
DRINKING AND DRIVING – DUI CHARGES
- Impaired driving – This charge occurs when a police officer has reason to believe that your ability to operate a motor vehicle was impaired by alcohol or drugs based on physical observations such as poor driving or diminished motor skills such as unsteadiness while on your feet, and slurred speech.
- Over 80 PLUS mg – This charge occurs when the driver has an alcohol level of over 80 milligrams of alcohol in 100 millilitres of blood. A breathalyzer is used to obtain the evidence for this charge.
- Refusing to provide breath sample – Refusal can happen at a roadside traffic stop or at the police station. This charge occurs when a demand for a breath sample(s) is made by a police officer followed by an outright rejection to providing a sample. The charge also applies if inadequate samples are provided.
HOW DUI CHARGES CAN AFFECT YOU
Drinking and driving charges are offences in the Criminal Code that have mandatory sentences even if you have no Criminal or Highway Traffic Act record. The minimum sentence for a first offence is a $1000 fine and a 12-month driving prohibition. For a second offence, the sentence is 30 days in jail and for a third offence, it increases to 120 days in jail. Aggravating features such as an accident, high breath sample readings or reckless driving can lead to penalties well above the minimum sentence. Our Impaired Driving lawyers will work tirelessly to win your case or to ensure the lowest possible penalty.
HOW WE CAN HELP YOU DEFEND DUI CHARGES
There are viable defences to drinking and driving charges. You can challenge allegations through a variety of methods which include:
- exclusion of evidence as a result of the police officer violating your Charter protected rights,
- challenging technical aspects of the breathalyzer and breath testing procedure, or
- challenging the police officers’ reasons for obtaining a breath sample.
We recommend that you consult with one of our firm’s Hamilton’s DUI lawyers on the best steps to deal with your situation. You are entitled to seek consultation upon arrest or detention for advice and our impaired driving lawyers are eager to help with any advice that is required.