Toronto DUI and Impaired Driving Lawyers
Impaired Driving and DUI
An impaired driving allegation may involve alcohol, drugs, a combination of both, breath testing or an alleged refusal to comply with a demand.
At Shikhman Barristers, the defence examines whether the demand was lawful, whether the testing process was reliable and whether the Crown can prove the offence.
In Canada, DUI is a commonly used term. The Criminal Code refers to impaired operation, prohibited blood alcohol or drug concentrations and refusal or failure to comply with a lawful demand.
Impaired Operation and Prohibited Concentrations
The issues depend on the offence alleged. The Crown may rely on observations of driving, physical symptoms, statements, breath results, blood results or drug recognition evidence. Each part of that record must be assessed in context.
Roadside Stops and Testing Demands
The defence may examine the basis for the stop, the nature and timing of any demand, access to counsel and the procedures used to obtain or analyze a sample. Police notes, video and instrument records may be important to that review.
Available 24/7 for Your Call
Legal issues do not always happen during business hours. Shikhman Barristers is available 24/7 to take your call, answer your initial questions, and discuss your next steps.
Refusal Allegations
A refusal charge requires more than proof that a sample was not provided. The legal validity of the demand, the information communicated, the person’s response and any explanation for the alleged failure must be considered.
Licence and Administrative Consequences
An impaired driving investigation may also result in immediate licence or vehicle consequences. Those administrative measures are separate from the criminal case and may involve different procedures and deadlines.
Preparing the Defence
The appropriate defence depends on the evidence, the investigation and the specific offence before the court. We explain the criminal process, identify any immediate concerns and provide clear advice about the decisions ahead.
Can a Breath Test Be Challenged?
The legal significance of a breath result depends on the demand, the testing process, the surrounding evidence and the rules governing its use in court.
When to Contact a Lawyer
Contact a criminal defence lawyer as soon as an arrest occurs or a surrender is being considered. Early advice allows time to identify possible sureties, gather relevant information and prepare the proposed release plan.
SPEAK WITH OUR FIRM
Request a Confidential Consultation
If you are under investigation, have been arrested or are facing a criminal charge, bail hearing, trial or appeal, contact Shikhman Barristers to discuss your circumstances and understand the next step. If you have been detained or arrested, exercise your right to remain silent and ask to speak with a lawyer before answering questions about the allegation.
416-365-3151
Toll-free: 1-888-508-9178
Available 24/7
Email: info@crimlawcanada.com
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