DUI Lawyer Milton

DUI charges are the most common criminal charges issued in Canada. The penalties for DUI convictions have become harsher in an effort to discourage the commission of this offence.  If you have been charged with a DUI in the Milton area, you are urged to contact a reputable DUI lawyer to avoid a criminal conviction.

Daley, Byers DUI Lawyer Milton

The lawyers at Daley, Byers have extensive experience defending DUI charges in the Milton area.  The founding partners were both called to the bar in 1981 and have defended thousands of DUT charges. The lawyers with their team of experts will do everything they can to ensure you get the optimal outcome for your case.

DUI Classifications

First of all, it is important to make the distinction that there is actually no single charge in Canada that is officially called a “DUI Charge”.  DUI is actually an American Acronym for Driving under the Influence. In Canada the term DUI is used in a generic manner to cover all charges whether it is driving with over 80 mg of alcohol in 100 mg of blood, impaired driving or refusing to provide a sample of breath or blood.

Driving Over 80 is a charge that is handed out to anyone that is operating, or is in care and control of a vehicle, while their blood alcohol concentration (BAC) is above the permissible limit of 80 mg of alcohol per 100 ml of blood.  In these cases there may be no signs of impairment or bad driving. Often times, the charge arises from a simple traffic stop where the officer detects an odour of alcohol on the breath of the driver and then asks for a roadside breath sample.

An Impaired Driving charge is based on the driving and the driver’s actions and behavior, rather than an elevated BAC. For instance, if you are observed swerving all over the road, the result will most likely be an impaired driving allegation.  Other indicia of impairment include unsteadiness on your feet, slurred speech, belligerent attitude etc. Impaired driving can be caused by alcohol and/or drugs.

Refusal to Provide a Sample is just how it sounds. If you have been pulled over and the officer demands that you provide a sample of your breath when he has the necessary suspicion or grounds to do so and you refuse, the charge laid is refusal to provide a sample.  This can relate to a demand at the roadside or at the police station, depending upon the circumstances. In addition, in certain circumstances the officer can demand a sample of urine and/or blood. Failure to provide those samples is likely to result in a charge.  However, there are a number of defences to the charge and your case will have to be carefully analyzed to see if you have a viable defence.

 DUI Penalties

Too many people believe that pleading guilty to a DUI charge is the right way to go because they don’t believe that they can win.  This is not necessarily so and the lawyers at Daley, Byers have conducted thousands of trials where their clients have been acquitted.  Each case will depend on the facts particular to that case. You should at the very least have your case analyzed.

Consequences of a Conviction Penalties

A conviction for a DUI will have a number of consequences some of which are:

• Criminal record
• Driver’s licence suspension
• Driver’s licence condition regarding operation of a vehicle only if it is equipped with an interlock ignition device
• Dramatic increase in insurance costs
• Fines
• Possible jail and mandatory minimum jail sentence for subsequent offenders

Subsequent Penalties

After you have been convicted of DUI offense in court, further punishment will be dispatched.

Penalties will be handed out based on the circumstances of the incident, as well as your criminal record and other personal circumstances.  In addition if injuries are sustained by other parties the penalties will increase.

DUI Lawyer Milton

Don’t gamble on your future, if you are facing a DUI charge in the Milton area, contact Daley, Byers today to maximize your potential for a favorable outcome.

A free consultation is available to discuss the details of your case and to determine the most effective defense.