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Experienced Defence for DUI Charges in Toronto
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Impaired driving is considered a highly serious offence in the courts of Canada and can lead to a penalty of 10 years in prison. This can include Driving Under the Influence, DWI, DUI and Driving High as well.
The best action to take when faced with a situation like this is to not plead guilty and get into contact with a lawyer right away. We have reduced countless Impaired Driving charges to Careless Driving which is not considered a criminal offence and completely erased many others.
As your lawyer, we have numerous defences to protect you from these charges. We challenge the charges every step of the way. Challenging the officers reason for obtaining a breath sample, improper arbitrary stop, improper demand and failure to provide counsel in a timely fashion are a few of the many technicalities we challenge to ensure that you win your case.
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What Is Impaired Driving in Canada?
Key points about DUI charges in Ontario include:
- Charges can involve alcohol, drugs, or both, including prescription medications
- A DUI conviction carries mandatory penalties, even for first-time offenders
- Immediate consequences may include licence suspension and vehicle impoundment
- Police must follow strict testing and procedural rules
- Defences may involve Charter breaches, testing errors, or lack of reasonable grounds
Because the stakes are high, early legal advice is critical when dealing with a DUI charge in Ontario.
Penalties for DUI CHarges in Toronto
In Ontario, the penalties for DUI (impaired driving) are among the toughest in the country. Penalties are set under the Criminal Code of Canada and apply province-wide, with additional Ontario administrative consequences.
Criminal penalties (upon conviction)
First offence
- Mandatory minimum $1,000 fine
- 1-year driving prohibition
- Possible jail time (up to 10 years maximum for impaired driving offences)
Second offence
- Mandatory minimum 30 days in jail
- 2-year driving prohibition
Third or subsequent offence
- Mandatory minimum 120 days in jail
- 3-year driving prohibition
If the offence involves bodily harm or death, penalties increase significantly and can include lengthy penitentiary sentences.
Defending Impaired Driving Charges in Toronto
Our approach is proactive and detail-driven. We thoroughly review disclosure, analyze police notes and testing records, and assess whether your rights were respected at every stage of the investigation. Toronto DUI cases often involve complex roadside stops, dense urban traffic conditions, and delayed testing — all of which can create viable defence opportunities.
Our DUI defence strategies may include:
- Challenging whether police had reasonable grounds to stop or demand a breath or drug test
- Identifying Charter breaches, including unlawful detention or delay in testing
- Reviewing breathalyzer or blood-test procedures for calibration, timing, and operator errors
- Disputing drug-impaired driving evidence, including field sobriety and DRE assessments
- Examining whether medical conditions, fatigue, or anxiety affected test results
- Seeking reduced charges, withdrawals, or alternative resolutions where appropriate
If you are facing a DUI charge in Toronto, early legal advice is critical. A strong, strategic defence can make a meaningful difference in protecting your licence, record, and future.
Types of Impaired Driving Charges Under Canadian Law
DUI / Impaired Driving
An impaired driving charge requires the Crown to prove that a driver’s ability to operate a motor vehicle was negatively affected by alcohol or drugs. The court looks at how the driver functioned, including coordination, judgment, and overall control of the vehicle. Evidence may include observations of poor driving such as swerving, crossing lanes, or involvement in a collision. Police may also rely on physical signs like slurred speech, unsteadiness, bloodshot eyes, delayed responses, or the smell of alcohol.
Over 80
The offence commonly known as “over 80” applies when a driver’s blood alcohol concentration exceeds the legal limit, regardless of whether their driving appeared impaired. The Crown only needs to prove that the driver’s alcohol level was above 80 milligrams of alcohol per 100 millilitres of blood. This is typically established through breath samples analyzed by an approved testing device. In limited circumstances, police may demand a blood sample, but only when a breath sample cannot reasonably be obtained due to medical or practical reasons.
Refusing a Breath Sample
Refusing to provide a breath sample after a lawful police demand is a criminal offence in Canada. This applies to roadside screening devices as well as approved breath testing instruments at the police station. A refusal is treated as seriously as impaired driving or driving over the legal limit and can result in a criminal record, mandatory driving prohibitions, licence suspension, and significant insurance consequences. In some cases, an individual may face both refusal and impaired driving charges arising from the same incident.
FAQS About DUI & Impaired Driving Charges
DUIs under Sections 320.11 to 320.4 of the Canadian Criminal Code include:
- Driving Under the Influence
- Care and Control
- Failure to Provide a Breath Sample
- Over 80 Mgs BAC Reading
- Impaired Driving
The penalties vary on the severity of the charge as well any prior DUI charges on your record. They can range from a $2000 fine and a 12 month driving suspension for a first offence to 120 days of jail time along with a 36 month driving suspension for a third offence. All transportation offences carry a maximum penalty of 10 years.
A DUI charge can be removed from your record after 5 years upon receiving it. This will allow the record to be removed from public view, such as possible employers but law enforcement will still be able to access it. It is recommended to employ the services of a DUI lawyer when creating an application for removal.
