Beat your impaired driving and DUI charges.
Being charged with DUI or impaired driving can be a stressful time. It is normal to feel unsure and uncertain about what to do.
Toronto's mandatory charges for impaired driving can lead to loss of licence, harsh fines, and sanctions that can affect your current job, future employment opportunities and ability to travel.
But with the help of our experienced drinking and driving lawyers, you can give yourself the best chance of reducing or beating the charges completely.
Mass Tsang has a proven track record of achieving over 1,000 complete dismissals of charges resulting in a clean record, as well as reductions in charges/penalties.
Unlike many law firms, our DUI lawyers practice solely in criminal law, allowing us to provide highly effective representation for clients facing criminal charges, from minor infractions to serious offences.
You benefit from the knowledge, opinion and experience of a team of six highly skilled criminal lawyers. After years working with the same prosecutors and judges in the Toronto area, we can provide tailored defence strategies to give you the best chance of success.
Fighting a criminal charge can be a stressful time and you don’t want to feel alone. We are available for weekends, late evenings, short notice appointments, and provide constant updates about each step of the case.
Transparent and affordable flat rate fees, with no hidden costs, and flexible payment plans tailored to each client s unique financial situation.
Drinking and Driving (D&D) offences such as impaired driving, failing to provide a breath sample or a breath sample is over 80 mg are Criminal Code offences in Canada. A DUI (Driving under the influence) offence has dire consequences to both your licence and insurance premiums. If found guilty, harsh sanctions can be put into place that can affect your current job, future employment opportunities and your ability to travel.
You do not need to let one mistake affect your future. We have a team of Toronto DUI criminal lawyers that can help you avoid the disastrous mandatory penalties associated with impaired driving. Our team of DUI lawyers in Toronto will demonstrate strong attention to detail when it comes to defending you against your drinking and driving charges.
This charge occurs when a police officer has reason to believe that your ability to operate a motor vehicle was impaired by alcohol or drugs based on physical observations such as poor driving or diminished motor skills such as unsteadiness while on your feet, and slurred speech
This charge occurs when the driver has an alcohol level of over 80 milligrams of alcohol in 100 millilitres of blood. A breathalyzer is used to obtain the evidence for this charge
Refusal can happen at a roadside traffic stop or at the police station. This charge occurs when a demand for a breath sample(s) is made by a police officer followed by an outright rejection to providing a sample. The charge also applies if inadequate samples are provided.
You can be charged with impaired driving even if you were not actually driving a motor vehicle. Under such a charge, a police officer will try to prove that you had care and control of a motor vehicle while impaired, with a presumption that you also had such control while actually operating the motor vehicle.
In Toronto and other Ontario jurisdictions, there is zero tolerance for any semblance of impairment by teenage drivers. Thus, teenage drivers face a lower threshold of evidentiary proof to bring about any of the above charges.
How DUI charges can affect you
Drinking and driving charges are offences in the Criminal Code that have mandatory sentences even if you have no Criminal or Highway Traffic Act record. The minimum sentence for a first offence is a $1000 fine and a 12 month driving prohibition. For a second offence, the sentence is 30 days in jail and for a third offence, it increases to 120 days in jail. Aggravating features such as an accident, high breath sample readings or reckless driving can lead to penalties well above the minimum sentence. Our Impaired Driving lawyers will work tirelessly to win your case or to ensure the lowest possible penalty.
There are viable defences to drinking and driving charges. You can challenge allegations through a variety of methods which include:
Exclusion of evidence as a result of the police officer violating your Charter protected rights
Challenging technical aspects of the breathalyzer and breath testing procedure
Challenging the police officers reasons for obtaining a breath sample.
We recommend that you consult with one of our firm's lawyers on the best steps to deal with your situation. You are entitled to seek consultation upon arrest or detention for advice and our impaired driving lawyers are eager to help with any advice that is required.
A DUI conviction differs from DUI charge very strongly. If a police officer pull you over on belief of being intoxicated and you are arrested, yo may have been charged with a DUI but you have not been convicted in a Court of Law.
To recap, minimum court-ordered penalties for a first-time conviction include:
Minimum penalties for a second-time conviction:
Minimum penalties for third and subsequent convictions:
For a consultation with an experienced DUI lawyer in Toronto, call Mass Tsang LLP. With 20 years of total experience, our Toronto DUI lawyer service serves the Newmarket, Oshawa, Toronto, Mississauga, Brampton, Milton regions and surrounding areas.
Jeff Mass was born and raised in Montreal, Quebec. Coming from a family of judges and lawyers it was only a natural fit that his chosen profession was the practice of law.
Robbie was born and raised in Toronto, Ontario. In 2000 he graduated from the University of Toronto with a Bachelor of Science while studying human biology and actuarial science.
Heather Spence graduated from Wilfrid Laurier University in 2006 with an Honours Political Science degree and a Business Administration minor. Heather graduated Osgoode Hall Law School where she received a Juris Doctor in Law.
Brian Brody was born and raised in Chicago, Illinois and has always been interested in social equality. Coming from a family of lawyers it was easy for him to choose the practice of law.
Alexei Zaitsev earned his law degree at the University of Windsor, with a heavy focus on criminal law. In his position with Mass Tsang LLP, Alexei practices exclusively in the area of criminal and quasi-criminal defence, as well as defending dog owners charged with offences under
Evan Sinclair studied law at the University of Windsor and the University of Detroit Mercy, receiving American and Canadian law degrees. Evan’s passion for criminal law was solidified after spending a semester as a student attorney working for the Detroit Mercy Criminal Legal Clinic.
Kirn was born and raised in Toronto, Ontario. He graduated with his Bachelors of Arts majoring in Philosophy at McMaster University, and went on to pursue law, graduating from University of Leicester Faculty of Law.
Ruaridh McCartney is an Associate at Mass Tsang LLP. Ruaridh graduated from the University of Western Ontario in 2019 (Honours BA with a Specialization in Political Science). From 2019-2021 he attended the University of Southampton in the United Kingdom and graduated Juris Doctor in law in 2021.
Sehar Qureshi is an Associate at Mass Tsang LLP. Born and raised in Scarborough, she graduated from the University of Toronto (Scarborough) in 2017, with an Honours Bachelor of Science in Neuroscience and Psychology. She then attended the University of Windsor where she received a Juris Doctor in Law in 2022.
Born and raised in Toronto, Ontario, Alexa Cohen is an Articling Student at Mass Tsang LLP. Alexa's passion for criminal law is longstanding. Alexa chose an undergraduate degree in Criminology, with the intention of practicing criminal law for her future career endeavours.
Mylynn Nguyen is a relatively new addition to the Mass Tsang team, working as a paralegal with a focus on Highway Traffic Act matters. Mylynn showed promise early on in her education, placing first in mock criminal trials while studying for her undergrad.
William Fletcher is a Paralegal at Mass Tsang LLP with a focus on traffic law. He is a proactive, outgoing, and meticulous paralegal, and a fierce advocate for his clients. He is a graduate of Seneca’s accelerated paralegal program, working with the firm initially as a paralegal student and transitioning seamlessly to a full-service paralegal in 2021.
Stephanie was born in Hong Kong. She graduated from University of Toronto with an Honours Bachelor of Arts Degree majoring in Sociology and Book & Media Studies. In addition to her years of experience in operations management, legal administration, and customer service, she is also a certified interpreter for Cantonese and is fluent in Mandarin as well.
Lydia was born and raised in Toronto, Ontario. She graduated from the University of Toronto in 2017 with a Bachelor of Arts in political science, English, and history. Lydia has been working at Mass Tsang since 2018.
When the police have established reasonable suspicion based on roadside testing and/or observations that a person has been driving while impaired, they will place that person under arrest and bring them to the police station for further testing. Refusal to perform a test or provide fluid samples carries the same penalties as a DUI.
The DUI charge of driving 80 Plus mgs BAC refers to a blood alcohol screening device reading that shows that the accused has more than 80 milligrams of alcohol present in every 100 millilitres of blood. Section 320.14(1) of the Criminal Code lays down exacting requirements for the collection of screening samples, whether through breath or blood. Screening devices need to be handled by a qualified technician whose findings are admissible in court as evidence. Testing must be conducted within two hours of the arresting officer’s initial detainment of the suspect, and individual samples can only be taken at 15-minute intervals. Given the strict legal requirements and other technical aspects of BAC testing, skilled DUI lawyers are adept at challenging all potential shortcomings of BAC results.
Canada’s Criminal Code treats drunk driving as a serious criminal offence and other consequences of a conviction can include:
The cost of hiring a DUI lawyer depends in large part on the complexity of the case and the amount of time needed to successfully defend the accused. Actual court time needed to hear most DUI cases is relatively short, though case complexities can increase court hearing time frames due to assorted motions that may be made as part of the defense strategy. Along with court time, a DUI lawyer will also bill for time preparing for the case and any payments made to outside research and/or expert witnesses as per the needs of the case.
As previously suggested, Crown attorneys are not willing to outrightly dismiss DUI charges without compelling reasons. However, if there are definite flaws relating to the stop and detention, arrest, impairment screening methods, protection of charter rights, or any other elements of the case, a skilled DUI lawyer will push for dismissal.
As long as a person has not been charged with another offence, and meets other eligibility requirements, Canadian law does allow for the possible suspension or expungement of a DUI criminal record, which seals it from public view (though law enforcement agencies retain access to it). Applying for a record suspension can only be made five years after the conviction or guilty plea and may call for the skills of a DUI lawyer.
Yes, under Bill C-46, Part 1 impaired driving offences were characterized as “serious criminality,” which is treated under Canadian immigration law as grounds for revocation of permanent resident status and subsequent deportation.
Impaired driving laws in Toronto are covered under Sections 320.11 to 320.4 of Criminal Code of Canada. Depending upon the specific circumstances leading to the arrest, DUI charges can fall under any number of parameters, including:
While the prosecution’s basis for establishing guilt for these charges vary, the end result—and subsequent penalties—are the same for any guilty finding.
If convicted of a DUI offence in Toronto, or anywhere in Canada, the minimum penalties are as following:
The maximum penalty for all transportation offences – 24 months less a day on summary conviction, and 10 years on indictment.
Finding a criminal lawyer experienced with all elements of impaired driving laws represents the best option for effectively beating a DUI-related charge. Every DUI case that comes before the court system has distinct differences that may offer any number of options with which a skilled DUI lawyer can strategize a winning defence. Additionally, a DUI lawyer has different defence strategies depending upon the DUI charges. For example, defending against a care and control charge is distinctly different than defending against an over 80 mgs BAC charge. Some of the more common defence strategies include:
An experienced DUI lawyer may be able to favourably resolve a client’s DUI charges without going to trial and/or by negotiating a settlement with the prosecution. If a DUI lawyer can identify a significant flaw in the Crown’s case prior to trial, he (or she) may be able to convince the Crown to drop the charges. Crown prosecutors generally resist outright dismissal of DUI charges unless the apparent flaw in their case is patently obvious, but may be willing to drop DUI charges for the acceptance of a guilty plea for careless driving. A skilled DUI lawyer is usually highly adept at working out arrangements that can be seen as a partial win by all parties—the defendant’s avoidance of a DUI conviction and criminal record balanced against the Crown’s potential for possibly losing the case at trial.
Typically, the only way to get DUI charges dropped is to convince Crown prosecutors that their case is so flawed that they will end up losing the case in trial. If a DUI lawyer is convinced that the Crown’s case is flawed, but fails to convince the Crown to drop the charges based on the flaw(s), it will likely become a key point in the defence strategy at trial and could end up leading to a finding of not guilty by the judge.
Yes, a guilty finding in a DUI case will definitely affect auto insurance. Many insurance companies will not provide or renew auto insurance of those found guilty of DUI, and insurance rates for those with a DUI are typically at least two times higher than standard rates.
To receive expert advice and defence for your bail hearing, or for skilled defence against other criminal charges, book a free consultation with Mass Tsang LLP at 416-781-1148. With more then 20 years of experience, our team of criminal defence lawyers provides service to clients in Toronto, North York, Richmond Hill, Mississauga, Brampton, Vaughan and all of Greater Toronto.
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