DUI Lawyer North York
Driving under the influence (DUI) laws in North York are primarily governed by the Criminal Code of Canada. A DUI offence involves operating a motor vehicle while impaired by alcohol or drugs, or having a blood alcohol concentration over the legal limit. The legal limit for blood alcohol concentration is 80 milligrams of alcohol in 100 millilitres of blood Law Society of Alberta v. MacGregor, [2016] L.S.D.D. No. 246, R. v. Taraschuk, [1972] O.J. No. 888.
If you’ve been charged with a DUI in North York, we can assist with representation. A skilled DUI Lawyer in North York can help you as soon as your charges have been laid through to a trial, assisting with:
- Explaining the paperwork you receive from police which may be confusing
- Preparing for the court process
- Representing you in court and preparing a defence
- Filing Charter motions if your case goes to trial
- Working on a resolution with the Crown Attorney
Types of DUI Charges in North York, Ontario
DUI offences can be prosecuted either as summary conviction offences or indictable offences. The distinction between these two types of offences lies in the severity of the penalties and the legal procedures involved. Summary conviction offences generally carry lighter penalties and simpler procedures, while indictable offences are more serious and involve more complex legal processes.
Potential Penalties for DUI Charges in North York, Ontario
Penalties for DUI offences can include fines, imprisonment, and driving prohibitions. For a first offence, the penalties may include a fine and a driving prohibition. For subsequent offences, the penalties become more severe and can include longer periods of imprisonment and extended driving prohibitions R. v. Taraschuk, [1972] O.J. No. 888. Additionally, recent amendments to the Criminal Code have increased the maximum jail time for DUI offences from 5 years to 10 years, making it a serious criminal offence Peng v. Canada (Minister of Citizenship and Immigration), [2024] F.C.J. No. 45.
In cases where a DUI offence results in bodily harm or death, the penalties are significantly more severe. For example, causing bodily harm while impaired can lead to imprisonment for up to 10 years, and causing death can result in life imprisonment.
Consult a North York DUI Lawyer for an understanding on the potential punishments in your particular case.
Can I Be Deported With a DUI Conviction
Yes. If you’re not a citizen, in light of the increase in the maximum penalty for DUIs in Canada, a conviction would trigger inadmissibility proceedings under the Immigration and Refugee Protection Act.
How Long Does a DUI Case Last
If you are charged in North York, then your case will be handled by the Toronto Police Service and sent to the Ontario Court of Justice at 10 Armoury Street.
DUI cases at 10 Armoury Street may take:
- 4-8 months on average if there is a resolution
- 12-16 months on average if there is a trial
Potential Defences in DUI Charges
In Canada, there are several potential defences that can be raised in DUI (driving under the influence) cases. These defences can be broadly categorized into procedural defences, substantive defences, and Charter-based defences.
Procedural defences often involve challenging the manner in which the evidence was collected or handled. For instance, if the police did not follow proper procedures during the arrest or the administration of breathalyzer tests, the evidence may be deemed inadmissible. This can include issues such as failing to inform the accused of their right to counsel or not providing a proper opportunity to contact a lawyer.
Substantive defences focus on the actual circumstances of the alleged offence. One common substantive defence is the argument of “mistake of fact,” where the accused may claim they were unaware they were over the legal limit due to factors such as consuming alcohol unknowingly or misjudging their level of intoxication. Another substantive defence is the “defence of necessity,” where the accused argues that they had no reasonable alternative but to drive, such as in an emergency situation Nextech Forestry Services Ltd. v. British Columbia.
Charter-based defences involve invoking rights under the Canadian Charter of Rights and Freedoms. For example, if the accused’s rights under Section 10(b) (the right to counsel) or Section 8 (protection against unreasonable search and seizure) were violated, the evidence obtained as a result of these violations may be excluded from the trial. This can significantly weaken the prosecution’s case and potentially lead to an acquittal.
Overall, the success of these defences depends on the specific facts of the case and the ability of the defence counsel to effectively argue and substantiate these claims in court.
What if My Drink is Spiked and I Get Charged with a DUI
In a DUI case where a drink is spiked, the primary defence would be involuntary intoxication. This defence asserts that the accused did not voluntarily consume the intoxicant and therefore should not be held criminally responsible for the impaired driving.
To successfully argue involuntary intoxication, the accused must provide affirmative evidence that raises a reasonable doubt about whether their intoxication was intentional or the product of recklessness. This includes showing that the accused did not know they were consuming an intoxicant and that their impaired state was not voluntary. The defence must establish that the accused’s consumption of the spiked drink was unknowing and involuntary, and that they did not realize they were impaired before assuming control of a vehicle.
Additionally, the defence of automatism may be relevant if the accused can demonstrate that their actions were involuntary due to the spiked drink. This requires proving on a balance of probabilities that the accused was acting involuntarily at the time of the offence R. v. Khan, [2024] O.J. No. 1717. However, this defence has significant evidentiary and legal hurdles, and the accused must provide expert evidence to support their claim.
In summary, the defences of involuntary intoxication and automatism can be used in a DUI case involving a spiked drink, but they require substantial evidence to be successful. The accused must show that their intoxication was not voluntary and provide expert testimony to support their claims.
This type of scenario can be complicated to address at a trial. A DUI Lawyer in North York can assist with presenting this defence in the most accurate manner to improve your chances of success.
Retain a DUI Lawyer in North York Today
Overall, DUI laws in Canada are stringent and aim to deter impaired driving through severe penalties and strict enforcement.
Andrew Captan is an experienced DUI Lawyer in North York who can assist you with navigating the Criminal Court process. Call (647) 878 – 6355 for a free consultation today or visit his website HERE for more information.
