DUI Lawyer Oakville
A DUI conviction can end up costing you much more than just a suspended license. All DUI charges are criminal offenses under the Criminal Code. A conviction means you will have a criminal record. In addition to the punishment imposed by the Court and the Highway Traffic Act, insurance coverage will increased dramatically.
What is a DUI Offense?
DUI offenses in Canada generally fall into one of three categories:
- Driving Over 80
- Impaired Driving
- Refusal to provide a sample
Driving Over 80
This Driving Over 80 law prohibits the operation, or being in care and control, of a vehicle while your blood alcohol concentration (BAC) is over the legal limit of 80 mg per 100 ml.
However, if you have blown over 80 on a breath test, it does not automatically mean a criminal conviction. There are several technical issues that may arise that can result in breath tests or readings being inadmissible.
This charge focuses less on your BAC, and more on your actions. An impaired driving charge will typically stem from a police officer observing dangerous or unusual driving couple with indicia of impairment alleged observed by the officer such as slurred speech or unsteadiness on your feet.
Basically, it means there was some level of impairment while the accused was operating or in care and control of a motor vehicle.
For an impaired driving charge, the onus is on the Crown to prove that that driver was in fact impaired by drugs and/or alcohol.
Refusal to Provide a Sample
Refusing to provide a police officer with a breath or blood sample is also a criminal offense, falling under the DUI umbrella.
For a failure or refusal to provide a sample charge, the prosecution must show:
- Demands and instructions for the sample were provided accurately and correctly
- There was actus reus – action of refusing to provide a sample
- There was mens rea – the accused understood the request and the refusal was intentional
Even if the Crown is able to establish the above, there are viable defenses that may arise including a reasonable excuse not provide a sample, no grounds for the demand, rights to counsel etc.
A conviction for any of these charges will result in a criminal record. It is absolutely imperative to contact a DUI lawyer if you are charged with any of the above to greatly improve your chances of avoiding a criminal conviction.
What are the Consequences of a Criminal Conviction?
When facing a DUI charge of any nature it is critical that you are aware of, and fully comprehend, the possible outcomes of your case. A DUI conviction can have widespread ramifications, including:
- Driver’s license suspension
- Failure to pass a routine background check because of the criminal record and thereby causing either a loss of job or difficulty finding future employment
- Inflated insurance rates
- Strained personal and professional relationships
- potential international travel problems
- driver’s licence suspension and restrictions
How Can I Avoid a Criminal Conviction?
A DUI charge can result in a lot of stress for defendants as well as their families. In times of stress and heavy pressure, sometimes hasty and uninformed decisions are made. Avoid this by enlisting the services of an experienced DUI lawyer.
Daley, Byers DUI Lawyer Oakville
Daley, Byers have dealt with thousands of DUI cases all across Ontario.
Bruce Daley and Ken Byers were called to the Bar in 1981 and have been practicing criminal law for over 35 years. They also enlist a team of DUI professionals that are experts in accident reconstruction and toxicology to provide expert analysis for each unique case.
A free consultation is available to discuss the logistics of your case to get a better idea of the details and possible defences. All of your questions will be answered.