DUI, & Driving Offences
Experienced Toronto DUI Lawyers: Protecting Your Future From DUI, Impaired, Driving Charges & Other Driving Related Offences
Why LawPlace
LawPlace is a team of Criminal Defence Legal Professionals solely focused on analyzing and defending DUI, Impaired Operation and other Criminal & Motor vehicle-related charges.
The law involving DUI, Impaired Operation or motor vehicle-related criminal charges can be fairly complex, counterintuitive, and subject to rapid change. Given that the law is so technical, even in instances where a subject exceeds legal limits, there may still be certain defences to avoid a criminal conviction, and maintain their ability to drive.
The bad news is that most people won't be able to identify whether or not they have a viable defence because of the complexities involved. Consider a free no-obligation consultation with our legal team to help determine your next steps. You can also Call or Text 24/7for quick Support.
Our Practice Areas
Impaired Operation Charge
An Impaired Operation charge in Ontario means the police believe your ability to drive was affected by alcohol or drugs, even if you weren't actually driving at the time. This includes being in "care or control" of a vehicle, like sleeping in your car with the keys nearby. It's about your capacity to drive safely.
Penalties: Penalties can be severe. For a first offence, a conviction can lead to mandatory minimum fine of $1,000 and a minimum one-year licence suspension. Repeat offences carry mandatory jail time (e.g., 30 days for a second offence) and longer suspensions. You'll also face a criminal record, increased insurance rates, and potentially an ignition interlock device.
Potential Defences: Defences can include challenging the officer's observations of impairment, demonstrating you had no intention to drive, or arguing your Charter rights were violated (e.g., right to counsel). Police procedure, breathalyzer calibration, and medical conditions can also be key.
Hiring a Impaired Operations Lawyer: An Impaired Operation charge has serious, life-altering consequences. An experienced criminal defence lawyer can assess your case, identify strong defences, negotiate with the Crown, and fight to protect your licence, freedom, and future. Don't face this alone.
Feel free to schedule a FREE CONSULTATION. You can also Call or Text 24/7for quick Support.
Impaired - Over 80 mg Charge
Over 80, This charge means your Blood Alcohol Concentration (BAC) was 80 milligrams of alcohol per 100 millilitres of blood (0.08) or more within two hours of driving. Unlike "Impaired Operation," it doesn't require visible signs of impairment; it's about the specific alcohol level in your system.
Penalties: Similar to Impaired Operation, a first offence carries a mandatory minimum $1,000 fine and at least a one-year licence suspension. Higher BAC levels can lead to higher minimum fines. Subsequent offences result in mandatory jail time (30 days for a second offence, 120 for a third) and longer driving prohibitions. A criminal record and increased insurance are also guaranteed.
Potential Defences: Defences often focus on the accuracy of the breath testing equipment, the timing of the samples, the officer's protocol, or your understanding of your rights. "Bolus drinking" (drinking just before driving) or issues with the breathalyzer's calibration can be crucial defence points.
Hiring a Lawyer to defend against a Over 80 charge: A conviction for "Over 80" means a criminal record and significant disruption to your life. A dedicated criminal defence lawyer will scrutinize the evidence, challenge the scientific assumptions of the breath readings, and tirelessly work to minimize the impact on your life or have the charges withdrawn.
Feel free to schedule a FREE CONSULTATION. You can also Call or Text 24/7for quick Support.
Refuse / Fail to Provide Sample
What is a Refuse / Fail to Provide charge: If a police officer has reasonable grounds to suspect you've consumed alcohol or drugs and demands a breath, blood, or urine sample, you are legally required to provide it. Refusing or failing to provide an adequate sample without a "reasonable excuse" is a criminal offence.
Penalties: The penalties for refusing a sample are the same as if you were convicted of impaired driving: a mandatory minimum $2,000 fine for a first offence, a minimum one-year licence suspension, and potentially jail time for repeat offences (30 days for a second, 120 for a third). This also results in a criminal record.
Potential Defences: A key defence is whether you had a "reasonable excuse" for not providing the sample, such as a medical condition preventing you from blowing properly, or if your right to contact a lawyer was violated. Challenging the legality of the demand itself is also a common defence strategy.
Why Contact a Lawyer: Refusing a sample is treated as seriously as impaired driving. It's crucial to have a criminal defence lawyer who can scrutinize the circumstances of the demand, assess any potential Charter rights violations, and argue for a "reasonable excuse" to protect you from conviction and its severe consequences.
Feel free to schedule a FREE CONSULTATION. You can also Call or Text 24/7for quick Support.
Dangerous Operation of Motor Vehicle
Dangerous Operation of a Motor Vehicle charge: This charge applies when you operate a vehicle (car, boat, plane, or train) in a manner that is "dangerous to the public, having regard to all the circumstances." It's about the quality of your driving, not necessarily impairment. Examples include excessive speeding, reckless lane changes, or street racing.
Penalties: Penalties vary significantly based on the severity and outcome. A basic dangerous operation charge can result in a fine, jail time (up to 10 years for an indictable offence), a criminal record, and a licence suspension. If the dangerous operation causes bodily harm or death, the penalties become much more severe, including lengthy prison sentences (up to life imprisonment for death).
Potential Defences: Defences often revolve around whether your driving truly constituted a "marked departure" from normal driving behaviour, as required by law. Factors like sudden emergencies, unexpected mechanical failures, or arguing that your actions were not truly "dangerous" to the public can be explored.
Why Contact a Lawyer: Dangerous driving charges are serious and can lead to lengthy jail sentences and a criminal record. A criminal defence lawyer will meticulously review police reports, witness statements, and any video evidence to challenge the Crown's case and demonstrate that your driving did not meet the legal threshold for "dangerous."
Feel free to schedule a FREE CONSULTATION. You can also Call or Text 24/7for quick Support.
Fail to Stop / Remain
What it is: This charge applies when you're involved in a motor vehicle accident and fail to stop, provide your information (name, address, vehicle details), or offer assistance to anyone who is injured. It's a criminal offence under the Criminal Code and a provincial offence under the Highway Traffic Act.
Penalties: Under the Criminal Code, failing to stop can lead to significant fines, imprisonment (up to 10 years, or life if death is involved), and a criminal record. Under the Highway Traffic Act, penalties include fines, licence suspension, and potential imprisonment. The severity increases if bodily harm or death resulted from the accident.
Potential Defences: Common defences include arguing you were unaware an accident occurred (e.g., a very minor bump), that you had a "reasonable excuse" for leaving (e.g., a medical emergency or fear for your safety), or that your Charter rights were violated during the investigation.
Why Contact a Lawyer: A "Fail to Stop / Remain" conviction can have devastating consequences, including a criminal record and jail time. A criminal defence lawyer can investigate the circumstances of the accident, challenge the Crown's proof of your knowledge, and present a strong defence to protect your liberty and driving privileges.
Feel free to schedule a FREE CONSULTATION. You can also Call or Text 24/7for quick Support.
Drive Suspended / Disqualified
What it is: Driving while your licence is suspended is a serious offence under Ontario's Highway Traffic Act. Suspensions can occur for various reasons, including unpaid fines, accumulating too many demerit points, criminal driving convictions, or medical reasons.
Penalties: For a first offence, expect a mandatory minimum fine of $1,000 and an additional six-month licence suspension. Subsequent offences lead to higher fines ($2,000-$5,000 minimum for a second offence) and a greater likelihood of jail time, along with even longer suspensions. A conviction also significantly impacts insurance rates.
Potential Defences: Defences often focus on whether you were aware of the suspension (e.g., if you never received notice) or if the suspension itself was invalid. Proving "due diligence" (you did everything reasonable to avoid the suspension) or "officially induced error" (you were misled by an official) can also be viable defences.
Why Contact a Lawyer: Driving while suspended carries serious fines, further suspensions, and even jail. A criminal defence lawyer can investigate the reason for your suspension, challenge the notice, and present arguments to the court that could lead to a withdrawal of the charge or a reduced penalty, helping you get back on the road
Feel free to schedule a FREE CONSULTATION. You can also Call or Text 24/7for quick Support.
Frequently Asked Questions (FAQ): DUI & Impaired Driving Charges in Toronto & Southern Ontario
Navigating an impaired driving charge can be overwhelming. Here are answers to common questions about DUI and impaired driving laws in Toronto, the Greater Toronto Area (GTA), and across Southern Ontario.
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In Ontario, "Impaired Driving" refers to operating a vehicle while your ability to drive is compromised to any degree by alcohol, drugs, or a combination of both, irrespective of your specific blood alcohol concentration (BAC). Conversely, an "Over 80" charge specifically applies when your BAC is 80 milligrams of alcohol per 100 millilitres of blood (0.08%) or higher within two hours of driving. Both are considered serious criminal offenses. Reach out to us now to schedule a FREE CONSULTATION. You can also Call or Text 24/7for quick Support.
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If someone is charged with impaired driving in Toronto or any part of Ontario, they will face immediate roadside penalties. These typically include an automatic 90-day driver's license suspension and a 7-day vehicle impoundment. They can also be required to attend court to address the charges. Feel free to schedule a FREE CONSULTATION. You can also Call or Text 24/7for quick Support.
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For most drivers in Ontario, the legal BAC limit is 0.08% (80 milligrams of alcohol per 100 millilitres of blood). However, Ontario enforces a strict "zero tolerance" policy for drivers under 21, novice drivers (those with G1, G2, M1, or M2 licenses), and commercial drivers, meaning they must have no alcohol in their system while operating a vehicle. Reach out to us now to schedule a FREE CONSULTATION. You can also Call or Text 24/7for quick Support.
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Yes, it is entirely possible to be charged with impaired driving in Toronto or anywhere in Ontario even if your BAC is below 0.08%. This charge focuses on whether your ability to operate a vehicle is impaired to any extent by alcohol or drugs, as determined by law enforcement, rather than solely on your BAC level.
Feel free to schedule a FREE CONSULTATION. You can also Call or Text 24/7for quick Support. -
In Ontario's impaired driving law, "care or control" refers to being in a position to operate a vehicle while under the influence of alcohol or drugs, even if you are not actively driving. This broad definition means you could face charges if, for instance, you are asleep in the driver's seat of a parked car with the keys accessible, or even near a broken-down vehicle you control while impaired. The law emphasizes the potential risk of danger you pose. Reach out to us now to schedule a FREE CONSULTATION. You can also Call or Text 24/7for quick Support.
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A first-time impaired driving conviction in Ontario carries significant penalties, including a mandatory minimum fine of $1,000, a criminal record, and a mandatory minimum 1-year driver's license suspension. You will also be required to complete a mandatory education or treatment program and have an Ignition Interlock Device installed in your vehicle for at least one year.
Feel free to schedule a FREE CONSULTATION. You can also Call or Text 24/7for quick Support. -
Penalties for repeat impaired driving convictions in Ontario become progressively more severe. A second offense within 10 years typically results in a mandatory minimum 30-day jail sentence and a 3-year license suspension. A third or subsequent offense can lead to a mandatory minimum 120-day jail sentence and potentially a lifetime driving prohibition. Reach out to us now to schedule a FREE CONSULTATION. You can also Call or Text 24/7for quick Support.
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Refusing to provide a breath or blood sample when lawfully requested by police in Ontario is a criminal offense that carries severe consequences, often equivalent to an impaired driving conviction. You could face a minimum fine of $2,000, an immediate 90-day license suspension, a 7-day vehicle impoundment, and a high likelihood of conviction.
Feel free to schedule a FREE CONSULTATION. You can also Call or Text 24/7for quick Support. -
n impaired driving conviction in Ontario can severely restrict your international travel, particularly to the United States. It is considered a serious criminal offense, and you may be denied entry to the U.S. without obtaining a special waiver. This can also jeopardize your immigration status if you are not a Canadian citizen. Reach out to us now to schedule a FREE CONSULTATION. You can also Call or Text 24/7for quick Support.
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The "warn range" in Ontario refers to a blood alcohol concentration (BAC) between 0.05% and 0.079%. While not a criminal charge, it still incurs provincial penalties. For a first warn range offense, you face a 3-day immediate license suspension and a $350 penalty. Subsequent warn range offenses lead to escalating penalties, including longer suspensions, mandatory education programs, and higher fines.
Feel free to schedule a FREE CONSULTATION. You can also Call or Text 24/7for quick Support. -
An impaired driving conviction will remain on your driving record in Ontario for at least 10 years. Furthermore, it results in a permanent criminal record, which can have significant long-term implications for employment, travel, and other aspects of your life in Toronto and beyond. Reach out to us now to schedule a FREE CONSULTATION. You can also Call or Text 24/7for quick Support.
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The Ignition Interlock Program is a mandatory requirement for many individuals convicted of impaired driving in Ontario. This program involves installing a device in your vehicle that prevents it from starting if it detects alcohol on your breath. It is a crucial part of the license reinstatement process, designed to prevent repeat offenses.
Feel free to schedule a FREE CONSULTATION. You can also Call or Text 24/7for quick Support. -
An impaired driving conviction in Ontario will drastically increase your auto insurance premiums. You will likely be categorized as a high-risk driver, leading to substantial increases in your insurance costs, potentially exceeding $10,000 annually for several years. Reach out to us now to schedule a FREE CONSULTATION. You can also Call or Text 24/7for quick Support.
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Yes, an impaired driving charge in Toronto or the Greater Toronto Area can often be successfully defended. Common defence strategies include challenging the accuracy of breathalyzer tests, questioning the legality of the traffic stop, disputing the evidence of impairment, asserting violations of your Charter rights (such as the right to counsel), or arguing that police failed to follow proper procedures.
Feel free to schedule a FREE CONSULTATION. You can also Call or Text 24/7for quick Support. -
If you are charged with impaired driving in Toronto or Ontario, it is vital to remain calm and cooperate with the arresting officer. Immediately request to speak with a lawyer, and then exercise your right to remain silent, providing only basic identification. As soon as you are released, meticulously document every detail you recall about the arrest. Most importantly, contact an experienced criminal defence lawyer specializing in DUI cases without delay. Reach out to us now to schedule a FREE CONSULTATION. You can also Call or Text 24/7for quick Support.
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Yes, absolutely. Under the Canadian Charter of Rights and Freedoms, you have a fundamental right to speak with a lawyer immediately upon detention or arrest. Exercising this right is critical, as a lawyer can provide essential legal advice and help protect your rights during police questioning and procedures in Toronto and across Ontario.
Feel free to schedule a FREE CONSULTATION. You can also Call or Text 24/7for quick Support. -
While cannabis is legal in Canada, driving while impaired by cannabis is a criminal offense in Ontario. There are prohibited levels of THC (the psychoactive component) in your blood: a level between 2 and 5 nanograms (ng) of THC per ml of blood is a less serious offense, while 5 ng or more constitutes a more serious violation. Penalties can include fines (starting at $1,000), license suspensions, and other consequences similar to alcohol-impaired driving. Reach out to us now to schedule a FREE CONSULTATION. You can also Call or Text 24/7for quick Support.
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A Toronto criminal defence lawyer specializing in DUI and impaired driving charges can provide invaluable assistance. They will guide you through the complex legal system, protect your rights, thoroughly investigate your case, challenge weak evidence, and negotiate with the prosecution. Their expertise can significantly improve your chances of a positive outcome, whether it's a reduced charge, a withdrawal, or a successful defence at trial in Toronto or the GTA.
Feel free to schedule a FREE CONSULTATION. You can also Call or Text 24/7for quick Support. -
The "Back on Track" program is Ontario's mandatory remedial measures program for individuals convicted of impaired driving or who have received multiple warn range suspensions. These programs are a required step for license reinstatement and aim to educate offenders about the risks of impaired driving and prevent future incidents. Participation and completion are essential for regaining your driving privileges in Ontario. Reach out to us now to schedule a FREE CONSULTATION. You can also Call or Text 24/7for quick Support.
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Yes, a DUI conviction can significantly impact your current employment and future job prospects in Toronto and throughout Ontario. Many employers conduct background checks, and a criminal record for impaired driving can lead to job loss, difficulty securing new employment, and limitations in certain professions, especially those requiring driving or a clear criminal record.
Feel free to schedule a FREE CONSULTATION. You can also Call or Text 24/7for quick Support.
Why Choose LawPlace to defend DUI / Impaired Driving charge in Toronto?
Facing a DUI or impaired driving charge in Toronto or anywhere across the Greater Toronto Area (GTA) can be one of the most stressful experiences of your life. The immediate consequences, potential criminal record, and long-term impact on your life, career, and travel are daunting. At LawPlace, we understand the immense anxiety you're feeling, and our mission is to provide not just legal defence, but unwavering support and a clear path forward. When your future is on the line, choosing the right DUI lawyer in Toronto is paramount. Here’s why LawPlace stands out as your trusted partner:
Extensive Experience & Dedicated Focus on Impaired Driving Defence
At LawPlace, our practice is dedicated to DUI and impaired driving defence across Toronto and Southern Ontario. This singular focus means our legal team possesses an unparalleled depth of knowledge in this highly technical area of criminal law. We are not general practitioners; we are specialists who live and breathe impaired driving cases. Our lawyers are acknowledged experts, constantly staying abreast of the latest legal precedents, scientific advancements in breathalyzer technology, and police procedures. This specialized expertise is crucial for identifying every possible defence strategy for your DUI charges in Toronto, from challenging breath sample accuracy to asserting violations of your Charter rights.
Local Insight & Proven Results Across Toronto, GTA, and Southern Ontario
Our firm has a profound understanding of the local courts, prosecutors, and legal landscape throughout Toronto, the GTA, and wider Southern Ontario, including areas like Mississauga, Brampton, Markham, and Oshawa. This local insight is invaluable in crafting a defence tailored to your specific circumstances and jurisdiction. We don't just know the law; we know how it's applied in your community. Our track record of successful DUI defence speaks for itself, with numerous cases resulting in charges being withdrawn, reduced, or successfully defended at trial. We are committed to achieving the best possible outcome for every client, and our client testimonials reflect the dedication and positive results we deliver.
A Client-Centered Approach Built on Empathy and Trust
We recognize that you're likely experiencing significant distress. Our approach is founded on empathy, clear communication, and building genuine trust. We take the time to listen to your story, understand your concerns, and explain the complex legal process in plain, accessible language, avoiding confusing "legalese." From your initial free DUI consultation in Toronto to the resolution of your case, we ensure you feel heard, supported, and confident in our representation. Our goal is to alleviate your anxiety and empower you with knowledge, making you feel like you're truly "in the right hands."
Strategic & Aggressive Defence of Your Rights Successfully defending an impaired driving charge in Ontario requires a meticulous and aggressive approach. Our lawyers are adept at scrutinizing every detail of your arrest, including the legality of the traffic stop, the administration of sobriety tests, and the calibration of breathalyzer equipment. We are relentless in upholding your Charter rights, including your fundamental right to legal counsel and the right to remain silent. Whether it's a complex "care or control" offence or a challenge to cannabis-impaired driving evidence, we leverage our deep understanding of legal technicalities to build the strongest possible defence.
Accessible & Responsive Support When You Need It Most When facing a DUI charge, time is of the essence. That's why LawPlace offers immediate and accessible support. We provide free consultations to quickly assess your situation and outline your options. Our team is responsive and available to answer your urgent questions, guiding you through every step, from understanding the immediate consequences of a license suspension due to DUI in Ontario to preparing for court appearances. We are here to help you navigate this challenging period with confidence and peace of mind.
Don't let an impaired driving charge define your future. If you're looking for an experienced DUI lawyer in Toronto or the GTA who will fight tirelessly for your rights, contact LawPlace today for your confidential free consultation. Let us help you get your life back on track.
Areas We Serve
Contact LawPlace: Your Toronto DUI, Impaired/Drunk Driving Criminal Defence Lawyers
Our experienced team is ready to provide urgent and compassionate legal assistance for DUI, Impaired and other criminal charges in Toronto & the GTA Area. We operate out of offices strategically located to serve the Toronto and surrounding area efficiently.
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