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Rupin Bal Law Professional Corporation: Your Trusted Impaired Driving/DUI Lawyers in Southern Ontario

Rupin Bal is an Impaired Driving/DUI Lawyer serving clients in Toronto, Brampton, Hamilton, Kitchener-Waterloo, London, the Niagara Region and all of southern Ontario. With Rupin Bal, an experienced criminal lawyer at its helm, the firm is known for its professionalism, integrity, and client-centric approach.

Irrespective of the nature of the criminal legal issue we recognize the distinctiveness of each case and prioritize personalized attention for our clients. By actively listening to clients’ concerns, understanding their objectives, and formulating tailored strategies, we strive to achieve the most favorable outcomes possible.

By choosing us, you’re placing your legal matters in competent hands. We are committed to safeguarding our clients’ rights, offering clear and concise legal advice, and guiding them through every step of the legal proceedings. Our mission is to empower clients with the knowledge and support necessary to make well-informed decisions and create a brighter future.

If you require legal assistance for a DUI/Impaired Driving charge within Southern Ontario, contact us for a free consultation. Our experienced legal team can assist you in navigating the intricacies of Canadian law with confidence and peace of mind.

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Defending DUI Charges in Southern Ontario

In Ontario, driving-related offenses are treated with strict enforcement by the justice system. The province has implemented stringent laws to ensure the safety of all road users and pedestrians, and those who violate these laws face serious consequences, both immediately upon being charged and following a conviction.

Impaired driving (DUI) or driving while intoxicated (DWI) is one of Canada’s most serious driving offenses due to the thousands of lives lost annually in accidents caused by intoxicated drivers.

Since the federal government toughened impaired driving laws and increased penalties in 2018, individuals charged with these offenses now face even harsher consequences on top of the severe provincial penalties. This article discusses impaired driving, the potential penalties, and the importance of consulting a DUI lawyer in Toronto and all of Southern Ontario when facing such charges.

Experienced Defences for Impaired Driving

At Rupin Bal Law, we have a strong track record of successfully defending against DUI & Impaired Driving charges in Toronto, the Greater Toronto Area (GTA) and all of Southern Ontario. Our team has extensive experience in presenting a wide range of defences.

Facing impaired driving charges can be overwhelming and frightening, as the potential consequences of a conviction are severe and life-altering. These include the penalties outlined in the Criminal Code, along with the added burden of a criminal record, which can make finding employment difficult.

When dealing with impaired driving charges, it’s crucial to have the guidance, support, and expertise of an experienced criminal defense lawyer.

Reach out to Rupin Bal Law today for a free, no-obligation consultation.

Our Criminal Driving Offence Services

DUI/Impaired Driving Charges

Intoxication and impairment does not require the opinion of a medical expert. A policeofficer or other lay person is perfectly qualified to give their opinion on whether a person appears impaired by alcohol or drugs. Opinions of police officers about a person’s level of impairment are not to be given more weight in court simply because they come from police officers.

For further information on Impaired Operation of a Motor Vehicle and other driving related offences, contact us now.

Over 80 Charges

Unlike impaired driving, the offence of “over 80” does not require proof of impairment of any kind, only proof that the driver had a concentration of alcohol in their blood exceeding 80 milligrams of alcohol in one hundred millilitres of blood. This alcohol concentration reading is usually determined from an analysis of breath samples obtained by police and processed with a breathalyser machine capable of providing such results. These results can also be obtained by testing a sample of the driver’s blood.

Refusal to Provide a Sample

Like all Drinking and Driving charges in Canada, a conviction for refusing to provide a breath sample pursuant to a lawful police demand carries a minimum fine of $1000.00 and a mandatory minimum license suspension of at least 12 months for first-time offenders. It also results in an automatic permanent criminal record for first-time offenders.
For further information on Refusal to Provide a Sample and other driving related offences, contact us now.

Dangerous Operation of a Motor Vehicle

A conviction for dangerous driving can result in up to five years in jail. The penalty can increase to ten or fourteen years, depending on whether it causes bodily harm or death. Additionally, a person found guilty may lose their driver’s license for at least one year in Ontario, with the potential for a Canada-wide driving ban.

For further information on Dangerous Driving and other driving related offences, contact us now.

FAQ About DUI/Impaired Driving in Ontario

In Ontario, impaired operation of a motor vehicle refers to the act of operating a vehicle while under the influence of alcohol or drugs, to the extent that one’s ability to operate the vehicle is impaired. This impairment can result from the consumption of alcohol, illicit drugs, prescription medication, or a combination of these substances.

Canadian law prohibits individuals from operating a motor vehicle while impaired by alcohol or drugs, including cannabis. Impairment can be measured by various means, such as blood alcohol concentration (BAC) levels, observed signs of intoxication, or drug testing.
The legal framework in Canada is designed to address impaired driving comprehensively, with strict penalties for those found guilty of impaired operation of a motor vehicle. These penalties can include fines, driving prohibitions, and potential imprisonment, depending on the severity of the offense.
The Criminal Code provides a minimum fine of $1000 for a first offence in addition to a criminal conviction registered on your permanent record. Subsequent drunk driving convictions carry minimum jail penalties beginning with 30 days in jail for a second conviction. A third or subsequent drinking and driving offence will carry a minimum punishment of 120 days in jail.
A drinking and driving conviction will also require a mandatory driving prohibition preventing a prohibited driver from driving anywhere in for a minimum of one year, or three months in a province such as Quebec or Alberta that has an concurrent ignition interlock program. In addition to the penalties mandated under the Criminal Code, a conviction for DUI will also drastically affect your motor vehicle insurance coverage and premiums.
In Ontario, you will probably be required to insure with Facility Association, which insures high-risk drivers and exacts high premiums. For each of the three years following your conviction, Facility Association will levy a 100 per cent surcharge atop your premiums. It will impose more surcharges, up to a maximum of 250 per cent, for other convictions relating to the same incident, such as careless driving or failing to remain at the scene of an accident. Each insurance company has its own conviction surcharge schedule.
In order to establish an impaired driving charge, the crown attorney must prove beyond a reasonable doubt that the driver’s ability to operate a motor vehicle was impaired due to the consumption of drugs or alcohol. The court will examine the driver’s co-ordination, comprehension and a poor driving pattern in assessing their level of impairment.
Evidence of impairment may be proven by a combination of driving observations and physical observations of the driver. Evidence of poor or erratic driving, weaving, crossing of the centre line or evidence of a motor vehicle collision may all be used to support an inference of impaired driving. Personal observations tending to reveal signs of impairment may also be relied upon, including: an odour of alcoholic beverage emanating from the driver’s breath, bloodshot eyes, dilated pupils, unsteadiness, slurred speech and a lack of comprehension or response to police demands.

Intoxication and impairment does not require the opinion of a medical expert. A policeofficer or other lay person is perfectly qualified to give their opinion on whether a person appears impaired by alcohol or drugs. Opinions of police officers about a person’s level of impairment are not to be given more weight in court simply because they come from police officers.

If you’re facing an impaired driving charge, it’s important not to limit your options. Consulting with an experienced criminal lawyer can help you explore potential defenses and avoid automatically pleading guilty.

The consequences of an impaired driving conviction can be severe. You will temporarily lose your driving privileges, which could impact your ability to work. Additionally, your insurance premiums will increase significantly.

For those accused of impaired driving, the minimum penalty includes a $1,000 fine and a one-year driving prohibition. Regardless of whether you provide a breath sample, you can still be charged with impaired driving.

When a person is charged, they are typically issued a Promise to Appear, which may also require them to attend a future appointment for fingerprints and photographs. Failing to comply with this can lead to additional criminal charges.

If the individual has a prior conviction for a related drinking and driving offense, they will receive a Notice of Application for Increased Penalty. This notice allows the Crown to use the previous conviction to seek a mandatory minimum jail sentence and extended driving prohibitions.

At the time of the charge, the accused will generally face a 90-day administrative license suspension and receive both a breath certificate and a printout of the intoxilyzer readings.

This is only the start of the legal process. Handling an impaired driving or “over 80” charge involves substantial documentation. The police must prepare criminal charges, a detailed incident summary, witness statements, police notes, a Certificate of Analysis, and an Alcohol Influence Report. Many police departments also record the breath test and related footage at the station. All of this evidence is compiled and referred to as “disclosure.”

In Ontario, since May 2009, drivers with a blood alcohol concentration (BAC) between 50 and 80 milligrams per 100 milliliters of blood can be arrested for drinking and driving.

First-time offenders face a three-day license suspension and a $150 fine. A second offense within five years results in a one-week suspension, mandatory attendance at an alcohol education program, and another $150 fine. A third offense leads to a one-month suspension and the installation of an ignition interlock device in your vehicle for six months.

Additionally, your insurance company will classify you as a high-risk driver, leading to a significant increase in premiums. Rates exceeding $10,000 per year for at least five years are common, and in some cases, insurers may even cancel your policy altogether.

If someone refuses or fails to comply with a breath demand—whether by outright refusal, such as saying “no,” or by pretending to blow—the person will be charged with refusing or failing to provide a breath sample. The Crown must then prove beyond a reasonable doubt that the refusal or failure was “final and unequivocal.”

Even if the Crown establishes this, there are potential defenses, such as having a “reasonable excuse” for not providing the sample. Many of these defenses apply to both refusing a roadside screening device and an intoxilyzer breath demand.

Courts have accepted various reasons as reasonable excuses. For example, a health issue that prevents the person from giving a proper sample, or if the person was mistreated by the police during the testing process, and this mistreatment affected their decision to refuse. The list of valid excuses is not exhaustive, and each case must be evaluated based on its unique circumstances.

As a general rule, anyone under arrest should comply with the demand for a breath sample. Although there are rare exceptions, the advice from an experienced DUI lawyer is to always provide a breath sample when requested. Refusing a breath sample in the hope that your case falls within a narrow exception is too risky.

When someone is charged by the police, they are usually given a Promise to Appear, which may include a requirement to attend a future appointment for fingerprints and a photograph. Failing to comply with this can result in additional criminal charges.

If the person has a prior conviction for a related drinking and driving offense, they will be served with a Notice of Application for Increased Penalty. This allows the Crown to use the previous conviction to impose a mandatory minimum jail sentence and extended driving prohibitions.

At the time of the charge, the accused will also typically receive a 90-day administrative license suspension, along with the breath certificate and a printout of the intoxilyzer readings.

However, this is just the beginning. Processing an impaired driving or “over 80” charge involves extensive paperwork. The police must prepare criminal information, a summary of the incident, witness statements, detailed police notes, a Certificate of Analysis, and an Alcohol Influence Report. Many police forces also record the breath test procedure and other footage from the station. This collection of documents and videos is known as “disclosure.”

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Your DUI Lawyer in Southern Ontario.

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We serve clients in Toronto, Brampton, Hamilton, Kitchener-Waterloo, London, the Niagara Region, all of southern Ontario and speak English, Punjabi and Hindi.

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