DUI Lawyers in Toronto

Operating a vehicle under the influence of alcohol or drugs, commonly referred to as drunk driving or impaired operation, is a serious offense in Canada. Such impaired driving charges carry significant consequences that can profoundly affect your life, freedom, and future. If you’re facing charges for impaired driving, DUI, or drinking and driving, swift action is crucial. To safeguard your interests, it’s highly recommended to enlist the expertise of a seasoned DUI lawyer. A proficient Toronto DUI attorney is well-versed in DUI law and the potential case complexities, ensuring you avoid costly missteps.

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    Associations & Memberships

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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    • Result: Charges withdrawn by Crown.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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    Driving Under the Influence

    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.

    What to Do After Being Charged With a DUI

    Facing impaired driving charges is a stressful and urgent matter. The moments following an arrest are critical for your defence. Under Ontario and Toronto DUI laws, swift and careful action is essential to protect your rights. If you have been charged with impaired driving, follow these crucial steps:

    • Do NOT plead guilty or make statements: Before speaking to a criminal defence lawyer, invoke your right to remain silent. Making statements at the police station to law enforcement officers can severely harm your case. Do not enter a guilty plea without obtaining professional legal advice. 
    • Understand immediate consequences: Be prepared for immediate roadside penalties. Under the Highway Traffic Act, you will face an automatic license suspension and a vehicle impoundment, even before a conviction or formal court appearance.
    • Request disclosure of evidence: You have the right to see all the evidence the Crown has against you. A skilled Toronto DUI lawyer will secure and review this disclosure, including breathalyzer results, witness statements, and police notes.
    • Track court dates and deadlines: Missing a court date or a deadline for filing paperwork can lead to further criminal charges. Keep a meticulous record of every appearance and legal requirement.
    • Contact a DUI lawyer immediately: Hiring a DUI lawyer who understands the criminal justice system is your best course of action. An experienced DUI lawyer can guide you through the complex legal process and begin building your DUI defence right away.

    How A DUI Can Impact Your Life

    A DUI conviction carries severe penalties that extend far beyond the courtroom. A serious criminal offence like drunk driving will disrupt both your personal and professional life. In Canada, the consequences of a DUI charge include:

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    Criminal record and long-term implications

    Being found guilty results in a permanent criminal record under the Criminal Code. A DUI criminal record can affect your reputation, social standing, and background checks for years to come. 

    License suspension and driving restrictions

    You will face a lengthy license suspension. Even after reinstatement, you may be required to install an ignition interlock device in your motor vehicle at your own expense.

    Insurance rate increases or cancellation

    A drinking and driving conviction will severely impact your auto insurance. Expect massive spikes in your insurance premiums, and some providers may cancel your coverage entirely, leaving you to seek high-risk insurance.

    Employment impact

    If your job requires driving, heavy machinery operation, or a clean criminal record, impaired driving cases can lead to immediate job loss or severely limit your future career opportunities.

    Travel restrictions

    Having criminal convictions for a DUI offence can restrict your ability to travel internationally. A criminal record creates significant issues when attempting to enter the U.S. for work or leisure.

    Financial costs

    The true DUI lawyer cost is only one part of the financial burden. You will also face a mandatory minimum fine, license reinstatement fees, towing charges, and mandatory educational programs.

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    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

    Schedule A Legal Consultation With Fedorowicz Law

    Contact us today to schedule a confidential legal consultation and discover how Mr. Fedorowicz can provide you with expert legal representation.

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    Driving Under the Influence

    “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 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
    Impaired Driving Penalties in Ontario: Fines & Laws

    How Fedorowicz Law Can Help Defend Impaired Driving Charges:

    When fighting DUI charges, you need a highly skilled criminal lawyer with a proven track record. Fedorowicz Law offers targeted, strategic advocacy tailored to the unique facts of your case. With extensive experience navigating Toronto courts and Ontario impaired driving laws, we build robust defences for our clients. We do not rely on generic approaches because every impaired driving offence requires a rigorous, case-by-case strategy. Our approach to a DUI defence includes:

    • Challenging traffic stop legality: We scrutinize whether the police officer had reasonable suspicion or reasonable grounds to initiate the stop, demand further testing, or arrest you.
    • Breathalyzer reliability issues: We investigate the maintenance records and operational procedures of the breath testing devices to identify any inaccuracies regarding your blood alcohol concentration or blood drug concentration.
    • Charter rights violations: We aggressively pursue cases where law enforcement officers violated your constitutional rights, such as your right to counsel or protection against arbitrary detention.
    • Procedural errors by police: We meticulously examine the arrest process, from the initial suspect impaired driving observation to the holding cell, identifying any missteps that could result in having your DUI dismissed.
    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
    Experienced dui lawyer in Grimsby

    Speak With A Toronto DUI Lawyer Today

    A criminal DUI charge is a pivotal moment that requires immediate, expert intervention. The window to challenge evidence and protect your driving privileges is incredibly tight. By acting quickly, you give an experienced DUI lawyer the necessary time to build a strong defence, negotiate with the Crown, and work to mitigate the minimum court ordered penalties. If you or a loved one are facing Toronto impaired driving charges, do not wait to get help. Contact Fedorowicz Law today to schedule a consultation with a reliable DUI lawyer. Let our dedicated team guide you through the complexities of Canadian law and fight to secure the best possible outcome for your future.

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    Frequently Asked Questions

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    + What are the DUI Laws in Toronto?

    + Can A DUI Charge get Dropped?

    + How Much Does A DUI Lawyer Charge?

    + What are The Consequences Of a DUI Charge?

    Client Testimonials

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    Recent Blogs

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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