- Impaired driving (DWI & DUI) Charge
- Impaired driving cause bodily harm
- Impaired driving cause death
- Immigration Consequences and International Travel
DUI/IMPAIRED DRIVING CHARGES ARE CONTESTED AND WON EVERYDAY IN THE COURTS OF ONTARIO.
- The outcome of every DUI and/or Impaired Driving Case depends on the particular facts of each case.
- These cases can be very technical and the smallest mistake can result in an acquittal.
- Your DUI/Impaired Driving Case needs to be analyzed by an expert criminal lawyer to provide advice as to whether you should fight your case or not.
Working with Daley Byers DWI & DUI Lawyers
Daley, Byers has extensive experience successfully defending all types of impaired driving charges. We carefully scrutinize every aspect of your case to give you the best opportunity to win. We have a team of experts including accident re-construction experts and toxicologists on retainer to provide the necessary analysis for each and every case.
The law is easily stated but complicated in practice. The test for impaired driving was set out by the Supreme Court of Canada in R. v. Stellato. Simply put, slight impairment of a person’s ability to drive is sufficient to support a conviction. However, proof of impairment beyond a reasonable doubt is not always straightforward. In many cases there is no objective evidence of impairment or there is a viable explanation of the physical indicia observed.
FREQUENTLY ASKED QUESTIONS ON IMPAIRED DRIVING AND DUI CHARGES
What is the difference between impaired driving, Over 80, DUI, and DWI Charges?
IMPAIRED DRIVING = DWI
OVER 80 = DUI
Impaired drivng (by drug or alcohol) relates to a person’s physical ability to operate a motor vehicle or vessel. Slight impairment of a person’s ability to operate a vehicle (or vessel) is sufficient to constitute the offence. However, proof of impairment is often not readily apparent and can be difficult to prove. In accident cases, the physical consequences of the accident are often consistent with normal signs of impairment making proof beyond reasonable doubt extremely difficult. The simple odour of alcohol by itself does not support a conviction for impaired driving.
Over 80 is an arbitrary level of alcohol that the government has deemed unacceptable when operating a motor vehicle. Many individuals exhibit no signs of impairment with alcohol levels above 80.
What are the consequences of a conviction for impaired driving/DUI charge?
- FINE PLUS VICTIM FINE SURCHARGE
- LICENCE SUSPENSION
- CRIMINAL RECORD
- HIGH INSURANCE RATES (AND NO COVERAGE FOR PROPERTY LOSS)
- INTERLOCK DEVICE INSTALLATION
- BACK ON TRACK COURSE
- EMPLOYMENT AND POSSIBLE TRAVEL RESTRICTIONS
How can I win if I blew over 80?
Why Clients Choose Us?
- High Success Rate
- Experienced: 32+ Years Each Partner
- Fair Payment Plans
- 24/7 Access to Our Team
- Free Consultation
- We Care About Your Case