Impaired Driving / DUI Lawyer Toronto

Operating a vehicle under the influence of alcohol or drugs is a serious offence in Canada. It carries significant consequences that can profoundly affect your life, freedom, and future. If facing charges for impaired driving or DUI, swift action is crucial. To safeguard your interests, enlist the expertise of a seasoned DUI lawyer. A proficient Toronto DUI lawyer is well-versed in the potential case complexities, ensuring you avoid costly missteps.

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    Facing DUI Charges? We’re here to help.
    Check out all of our recent successful DUI cases:

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    R. V. R.P. (OLD CITY HALL, TORONTO)

    • Charges: Over 80
    • Strategy: Seek exclusion of evidence based on violating the client’s constitutional rights under s. 8 and 9 of the Charter of Rights.
    • Result: Application successful. Charges dismissed.

    R. V. A.M. (ORANGEVILLE)

    • Charges: Impaired, Over 80
    • Strategy: Notice filed to exclude breath readings based on violation of client’s constitutional rights.
    • Result: Application successful. Charges dismissed by the trial judge.

    R. V. A.S. (NEWMARKET)

    • Charges: Impaired Driving, Over 80
    • Strategy: Application to stay charges based on violation of client’s right to be tried within a reasonable time as mandated by s. 11(b) of the Charter of Rights
    • Result: Charges stayed by the trial judge.

    R. V. S.K. (NEWMARKET)

    • Charges: Impaired by drugs
    • Strategy: Point to Crown to frailties in its case, including failure to read demand and lengthy detention of the client in the rear of the vehicle while awaiting evaluating officer to arrive on the scene
    • Result: Charge dropped by Crown before trial.

    R. V. R.M. (1911 EGLINTON, TORONTO)

    • Charges: Impaired Driving, Over 80
    • Strategy: Convince Crown Attorney that the client’s right to be tried within a reasonable time will be violated if they were to continue with the prosecution.
    • Result: Charges withdrawn by Crown.

    R. V. P.S. (OSHAWA)

    • Charges: Over 80
    • Strategy: Identify police violations of the client’s constitutional rights and seek exclusion of evidence pursuant to the Charter of Rights.
    • Result: Application granted. All charges were dismissed.
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    Understanding Impaired Driving And DUI

    Impaired driving or DUI (driving under the influence) is considered a criminal offence when a person operates a motor vehicle while their ability to do so is impaired by alcohol or drugs, or when their blood alcohol concentration (BAC) reaches or exceeds the legal limit of 0.08%.

    • “Over 80” mgs charge: Driving at or over the legal limit of 80 mgs alcohol in 100 ml of blood while driving.
    • Refusing breath sample charge: Declining or providing inadequate samples to the police.

    Impaired driving is not limited to cars, trucks or motorcycles. It can also apply to boats, snowmobiles, ATVs or any other motorized vehicle.

    Toronto Impaired Driving/DUI Penalties

    Impaired driving charges can result in serious penalties. Here’s a summary of the minimum court-imposed penalties for 1st, 2nd, and 3rd convictions.

    1st Conviction:

    • $1,000 fine
    • Mandatory enrollment in an alcohol education course
    • One-year suspension of driver’s licence
    • One-year participation in the ignition interlock program after licence reinstatement

    2nd Conviction:

    • Fine determined by the judge
    • 30 days of jail time
    • Three-year participation in the ignition interlock program after licence reinstatement

    3rd Conviction:

    • Fine determined by the judge
    • 120 days of jail time
    • Minimum of 6 years participation in the ignition interlock program , if licence is
      reinstated after a minimum 10-year suspension

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    “Over 80” Convictions

    “Over 80” is a term that refers to having a BAC at or over 0.08% while operating a motor vehicle. This is a separate offence from impaired driving, and you can be charged with both offences if you are found to be both impaired and having a BAC that exceeds the legal limit.

    For a first offence, the mandatory minimum penalty for an“Over 80” conviction depends on the driver’s BAC level:

    • BAC of 80 – 110 mgs = mandatory minimum $1000 fine
    • BAC of 120- 159 mgs = mandatory minimum $1500 fine
    • BAC of 160 or more = mandatory minimum $2000 fine

    For second and and third offences, the mandatory minimum penalties for an Over 80 conviction are the same as for impaired driving:

    • 2nd offence = mandatory minimum 30 days imprisonment
    • 3rd and subsequent offence = mandatory minimum 120 days imprisonment

    However, if you cause an accident that results in bodily harm while having a BAC over the legal limit, beyond the minimum penalties, you can face harsher penalties, including a maximum of 14 years imprisonment where the Crown proceeds by indictment or 2 years where the proceeding is summarily. Where death results, the maximum term of imprisonment is life.

    Refusing A Breathalyzer

    Refusing to comply with a demand from a police officer to provide a breath or blood sample is also a criminal offence that carries the following penalties:

    • 1st offence = mandatory minimum $2000 fine
    • 2nd offence = 30 days imprisonment
    • 3rd offence = 120 days imprisonment
    Defend Your Criminal Charge

    Richard Fedorowicz: Your Go-to Choice For Impaired Driving In Toronto

    If you’re facing impaired driving allegations in Toronto or the Greater Toronto Area (GTA), you need the expertise and commitment of an accomplished impaired driving lawyer who will vigorously defend your rights and best interests.

    Fedorowicz Criminal Law, led by Richard Fedorowicz, boasts over 20 years of expertise in dealing with impaired driving cases. With a deep understanding of the legal landscape, Richard is adept at securing the optimal outcome for his clients.

    He provides an array of valuable legal services that encompass:

    • Free initial consultation to assess your case and explain your options
    • A personalized and strategic approach to your defence based on your unique situation and goals
    • A thorough investigation and analysis of the evidence against you and any potential defences available to you
    • Strong advocacy and representation in court and negotiations with the Crown
    Drug-Impaired-Driving-Legal-Implications-And-Defence-Strategies

    Effective Defences Against Impaired Driving/DUI Prosecutions

    DUI charges in Toronto can be complex, and your ability to mount a defence may depend on the unique circumstances of your case. Richard Fedorowicz, an experienced DUI lawyer in Toronto, can employ a range of potential defences on your behalf.

    • Challenging the legality or validity of the police stop, demand or arrest
    • Challenging the accuracy or reliability of the breathalyzer device or the testing procedure
    • Challenging the evidence of impairment based on observations, field sobriety tests or expert testimony
    • Raising medical or other reasons that may have affected your ability to drive or provide a sample
    • Raising constitutional issues such as unreasonable delay, violation of privacy or right to counsel

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    Need A Strong Criminal Defence Lawyer? Get In Touch With Fedorowicz Criminal Law Today

    Richard Fedorowicz is dedicated to protecting your rights and fighting for your freedom. Fedorowicz Criminal Law has a proven track record of success in handling a wide range of criminal charges and providing the best criminal defence legal services.

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    Get A Free Consultation

    Contact our seasoned team today to arrange a confidential consultation.

    Call Now:
    249-266-4222