DUI Lawyer Brampton

Daley, Byers is a law firm that has extensive experience defending DUI charges in Ontario. With fifteen locations across Ontario, they have experienced significant success in courtrooms all over the province.

This bodes well for all Daley, Byers clients as this type of familiarity with the area of practice both the law and the geographical location (ie. the court, the Judges, the Crowns and the court staff)  can prove advantageous.

Daley, Byers Focus on DUI Defense

DUI is one of the most common criminal charges in Ontario,  The founding partners were both called to the bar in 1981 and have conducted thousands of DUI trials with high success rate.

DUI charges are an exceedingly technical and an intricate area of law.

Let’s start by taking a closer look at what exactly a DUI charge is, and what is associated with it.

What is a DUI charge?

First of all, DUI is actually an American term that stands for Drive under the Influence.  In the United States that also have a DWI charge which means drive while impaired.

In Canada the term Dui has developed a generic meaning encompassing all charges that fall into one of these classes:

• Driving Over 80
• Impaired Driving (alcohol and/or drug)
• Failure or Refusal to Provide a Sample  (breath, blood or urine)

Driving Over 80

This charge will be based strictly on the results of your breath tests and samples. The main objective for the Crown on this charge is proving that your breath samples registered at more than 80mg of alcohol per 100 ml of blood.

However, just because you have blown over 80 does not mean there is no hope for your case. You still may be able to avoid a criminal charge through strategic technical defense.

Breath sample results can be ruled inadmissible for a variety of reasons. Some but not all of the possible factors may include:

• Improperly executed stops, demands, or procedures
• Failure to inform defendant of rights to counsel in a legal manner
• Faulty equipment
• Timing issues

Impaired Driving (DWI)

An impaired driving charge is based on the driver’s ability, or lack thereof, to competently and safely operate a motor vehicle.  The Supreme Court of Canada has ruled that even slight impairment if it impacts the ability to operate a motor vehicle is all that is needed to support a conviction.

This charge can be issued even if the driver does not blow over the legal limit when issued a breath test.  Obviously in the case of drugs, there is no reading with respect to a breath test. An Impaired Driving charge is not dependant on the level of intoxicants found in the blood, but rather on the noticeable effects of those intoxicants on the accused person and the actual driving evidence.

As you can likely imagine, proving impairment can be a challenging task for the Crown. Even more so against an effective and well-organized defense.

Failure or Refusal to Provide a Sample

Failing or refusing to provide a breath or blood sample for the purposes of determining the level of intoxicants found in the blood is a criminal offense. This can include tests for both alcohol and drugs.

There are a number of legal defences to this charge and the crown must satisfy the Court beyond reasonable doubt that all the pre-conditions existed to support the demand and even when that has been satisfied, the accused can offer a reasonable excuse to explain why a sample was not provided.  The legality of the demand and rights to counsel are just 2 possible defences to this charge.

DUI Lawyer Brampton

Daley, Byers is an excellent resource for a professional DUI defense in the Brampton area.  They have offices in both Brampton and Mississauga to service Peel Region. They offer a free consultation and will answer all your questions.

Over the past 30 plus years, Daley & Byers have had major success defending thousands of DUI cases.

Daley, Byers can help.  They will review your file to determine your best course of action and all possible defenses.

• Determine your chances of success during a free consultation
• Search for an effective technical defense to your charge
• Take care of all legal documents and actions on your behalf
• Provide peace of mind with 24/7 accessibility