Impaired Driving Lawyer Toronto
CHARGED WITH A DUI IN TORONTO?
If you’ve been charged with a DUI in Toronto, we can help.
As an experienced Impaired Driving Lawyer in Toronto, Andrew Captan has been defending people charged with DUIs for nearly 15 years, and has the experience to guide you through a challenging process.
DUI Offences in Toronto, Ontario include:
- 80 plus — If you have a blood alcohol concentration of at least 80 milligrams of alcohol per 100 milliliters of blood, you may be charged with this offence.
- Impaired Driving — This charge arises when there is evidence that your ability to operate a vehicle was even slightly impaired by alcohol or drugs. Extreme intoxication is not required for conviction.
- Refusal / Fail to Provide Breath Sample – This occurs when a person refuses or fails to provide a breath sample after a lawful demand.
- Care or Control (Impaired or 80 plus) – You don’t need to be actively driving to be charged. Being found in the driver’s seat in a non-moving vehicle could still lead to charges under the law of “care or control.”
HOW LONG DOES AN IMPAIRED DRIVING CASE TAKE TO COMPLETE
If you’ve been charged with Impaired Driving in Toronto, the general length of a case, on average, can be:
- 6 months if the case is resolved
- 14-18 months if the case proceeds to trial
During this court process, a number of steps and court appearances will take place. Guidance from a seasoned Impaired Driving Lawyer in Toronto may be the difference between life lasting consequences and no consequences at all.
CONSEQUENCES OF BEING CHARGED WITH A DUI IN TORONTO
Facing an Impaired Driving charge in Toronto carries serious legal and personal consequences. These include:
Court-Imposed Penalties:
- First Time Offenders
- 80 plus / Impaired: Minimum $1,000 fine + 12-month driving prohibition
- Refuse Breath Sample: Minimum $2,000 fine + 12-month prohibition
- Second Time Offenders
- Minimum 30-day jail sentence + 2-year driving prohibition
- Repeat Offenders
- Minimum 120 days in jail + 3-year driving prohibition
- Victim Fine Surcharge: An additional 30% surcharge applies on any fine imposed by the court.
Other Potential Consequences
- A lifelong criminal record
- Substantially higher or cancelled insurance
- Risk of job loss
- Requirement to install an Ignition Interlock Device
- Mandatory completion of the Back on Track remedial program
- The requirement to attend treatment or counselling ordered by the Court
CARE OR CONTROL DUI LAW IN TORONTO
You don’t need to be driving to be charged with an Impaired Driving offence. If you’re in the driver’s seat — even with the engine off — you may be presumed to be in care or control and presumed to be operating your vehicle.
There are two ways the Crown can establish this:
- Presumption of Operation under s. 320.35 of the Criminal Code
- Proof of Actual Care or Control
The Supreme Court of Canada has ruled that risk, not intent, is what matters most. For instance:
- An impaired person may later choose to drive
- An impaired person might accidentally cause the vehicle to move
- The vehicle may present a danger just by being occupied in a certain way
This “realistic risk” of danger (not just theoretical) is what constitutes the offence of care or control.
POTENTIAL DEFENCES FOR IMPAIRED DRIVING
There are a number of technical and substantive defences that an Impaired Driving Lawyer in Toronto may raise. Some of these include:
- Challenging the legal validity of the stop
- Challenging the legal validity of the breathalyzer demand
- Challenging whether the Crown has proved beyond a reasonable doubt impairment
- Challenging whether there was voluntary consumption of alcohol or drug
- Challenging the legal grounds for the arrest
Consult an experienced Impaired Driving Lawyer in Toronto to learn more about your potential defences.
HIRING AN IMPAIRED DRIVING LAWYER TORONTO
Andrew Captan is an experienced Impaired Driving Lawyer in Toronto. With nearly 15 years as a criminal defence lawyer, he offers:
- Direct access — no assistants or paralegals
- Personalized communication and regular updates
- Flexible payment plans if you cannot pay upfront
- An honest approach to your defence, with no sugar coating
Call Andrew Captan at (647) 878 – 6355
