According to statistics, over 51% of cases are acquitted or suspended. Less than half of the cases lead to conviction. Here’s how to let your one result in your victory as well. You can learn more about DUI yourself, but we believe that it is better to entrust your case to the best drive under influence lawyer.
What is DUI in Canada?
The offense of driving under the influence (sometimes called impaired driving, or “driving while intoxicated” in common parlance) is governed by the Criminal Code of Canada. In most jurisdictions, it is a crime to operate a motor vehicle with a blood alcohol concentration (BAC) above a legally specified limit. Some jurisdictions also forbid driving with any amount of certain drugs in the system. The list is not limited to, but includes Result:
- Alcohol;
- Opioids;
- Cannabis;
- Certain medical compounds (that are either not officially prescribed or restrict driving during the course) digitalpinas.
In more than 50% of cases, however, alcohol is the substance in question. The legal BAC limits vary widely by jurisdiction and have been reduced over time in an attempt to deter driving while intoxicated.
Penalties for DUI in Canada:
In Canada, the degree of punishment varies with the circumstances. Penalties may include incarceration and monetary fines. In provinces such as Ontario, a court also has the ability to seize vehicles that have been driven while intoxicated.
When You Have to Contact Your Lawyer in a DUI Case?
Driving while intoxicated, or DUI, can be devastating to a person’s career and personal lives. If you have been arrested for DUI, the fact is that the likelihood of being convicted is high.
It’s vital to contact lawyers for advice on what to do about your case immediately after you are arrested. As soon as you can make a call — call your lawyer. Under the Criminal Code of Canada, it is your right to have a lawyer present during police questioning if you wish and they should be present before any evidence is collected.
What Are The Chances of Winning a DUI Case in Ontario?
The short and simple answer is — more than 50%, but you have to be extremely careful with the details to truly learn your chances.
Ontario Courts generally tend to be forgiving of first-time offenders. Since sentencing is typically based on the amount of alcohol consumed, as opposed to the actual criminal act and whether a person has a criminal record, it’s fairly straightforward for a first-time offender.
Chances of WInning DUI Case for First-time Offenders
For example, if you were pulled over in the early hours of the morning, and your breathalyzer test revealed a breath alcohol concentration (BrAC) of 0.08%, the minimum BAC for Ontario DUIs. The worst case scenario is a minimum fine, probation with alcohol treatment or classes, and you lose your driver’s license for 90 days. Somewhat worst case would be a maximum fine with 3 months incarceration and a minimum of 6 months loss of license.
Since the vast majority of cases result in fines, court actions, and fines being suspended or withdrawn; a case is more likely to be adjourned rather than dismissed. If an acquitted case is on file and was previously adjourned, the next time you are found guilty of the same offence it can be stayed by a judge.
DUI Case Mistakes People Do
There is a list of actions that will make winning your DUI case practically impossible:
- Refusing to use the breathalyzer;
- Trying to bribe the officer;
- Resisting arrest (including refusal to pull over and driving away).
While for the majority of people these points seem obvious, practice clearly shows that these mistakes are way more frequent than they should be.
Take the Breathalyzer Test. Seriously.
The test is a scientifically accurate method of determining whether a person has or has not consumed alcohol. While you can’t refuse to take it, you can argue with the results. It gives you or your lawyer much more opportunities. If you refuse to take the test — the situation, in the eyes of the officer, gets simply dangerous to the public.
Never Bribe the Police.
It’s unbelievable that it still has to be said, but each year we seen new cases of people trying to pay their fines directly to the officer’s pocket, with a discount. It’s a major ctiminal offense, and not just you — but the officer as well can get in big trouble, lose their job, and get an even bigger fine (or time in jail).
Never Resist Arrest.
Resisting arrest puts anyone on the receiving end of several Criminal Code offenses, from damaging police property to assault of an officer. You need to understand that resisting arrest —is a serious crime, even if the cop doesn’t.
Always contact a Lawyer If You’ve Been Charged with DUI Case
A DUI charge is an extremely serious charge in Canada. If you are arrested for driving under the influence and convicted, it can not only impact your career and finances but also your freedom.