Charged with a DUI in Toronto? Protect Your Licence & Your Future Now.
If you’ve been charged with a DUI (impaired driving or 80 plus in Canada) in the Greater Toronto Area, your first step should be to contact an experienced lawyer. Do not plead guilty or make statements without legal advice. Impaired driving is a criminal offence in Canada, and the penalties can include fines, licence suspension, and even jail or prison.
At Weisberg Law Criminal Lawyers, we understand that your driver’s licence is important to you, your livelihood, and family. The ability to drive is often the difference between earning a healthy living and unemployment. Having a conviction for a drug or alcohol-related driving offence can be devastating to your reputation. People make mistakes, and it is our job as criminal lawyers to ensure that everything is done to save your licence and prevent you from obtaining a criminal record.
Our experienced lawyers in Toronto will provide you with careful and considered advice. We will fight tirelessly to protect your rights and help you move forward with your life. .
Need immediate legal advice? Contact Weisberg Law today.
Is a DUI the same as impaired driving in Canada?
Technically, “DUI” (Driving Under the Influence) is an American term. In Canada, the correct legal terms include:
- Impaired operation or care and control of a motor vehicle
- 80 plus (Blood Alcohol Content at or over 0.08)
- Refusing a breath demand (roadside or station)
All of these fall under the impaired driving laws in Canada’s Criminal Code and carry serious consequences. Regardless of the terminology, you’ll want to speak to an impaired driving lawyer in the Greater Toronto Area as soon as possible.
What is the Difference Between “80 Plus” and Impaired Driving in Ontario?
80 Plus (formerly over 80) is a reference to the amount of alcohol in the accused person’s blood and a short form for having at least 80 milligrams of alcohol present in your system per 100 millilitres of blood. The police will determine if a person is “80 plus” normally through a breath test into an approved instrument (commonly known as a breathalyzer). Sometimes, due to injury or other factors, a blood test is taken to determine blood alcohol concentration. It does not matter if the accused individual exhibits no signs of impairment. Simply having a blood alcohol level at or over 80 is a criminal offence.
What are the penalties for impaired driving in Toronto?
Penalties for impaired driving in Ontario include:
- Automatic and immediate administrative 3-month driving suspension
- Minimum $1,000 fine for a first offence (the fine will increase if the accused’s BAC is high)
- Mandatory education programs
- Possible jail time for repeat or aggravated offences involving very high readings, injuries or public danger.
- Installation of an ignition interlock device for different periods of time depending on your prior situations and when you plead or are found guilty. For example, if you plead guilty within 90 days, you may qualify for Stream “A”. Upon the finding of guilt, your licence will be suspended for a further 3 months followed by 9 months of interlock ignition driving (the suspension will run concurrent with your automatic administrative 3 month suspension). Stream “A” is determined by and at the discretion of the Ministry of Transportation. If you are found guilty after the first 90 days, the lowest stream you can qualify for is Stream “B”. This stream involves 6 months of suspension from the finding of guilt followed by 12 months of interlock ignition. The reduced periods of suspension are also only available for alcohol-related offences (not for impairment by drug).
A conviction (a fine is a conviction) will also result in a permanent criminal record, which can affect employment, travel, and insurance rates. With so much on the line, hiring an experienced drinking and driving lawyer is critical.
Can I fight a DUI charge in Toronto?
Absolutely. Being charged with impaired driving, 80 plus, or refusing a breathalyzer doesn’t automatically mean you’ll be convicted. You need a defence team that knows how to scrutinize every detail, challenge unlawful police procedures, and find weaknesses in the Crown’s case. Common defences include:
- Unlawful traffic stop
- Improper use of the breath machines or breathalyzer
- Delay or denial in providing access to counsel
- Violation of your Charter of rights
Many of the defences are highly technical in nature, and some may require the expert evidence of a toxicologist. Often, applications under the Charter of Rights and Freedoms are brought, which may lead to exclusions of evidence resulting in an acquittal. Contact Adam Weisberg at 416.605.4811 so that he can determine the best defence to put forward.
What happens if I refuse a breathalyzer in Ontario?
Refusing a roadside breath test or station breathalyzer is a criminal offence under the Criminal Code of Canada. In Canada, the penalty for refusing a demand is the same as being found to have been 80 plus or impaired.
- Immediate licence suspension
- Criminal charges
- Fines and potential jail time
However, these cases can also be highly technical. A lawyer experienced in refusing breathalyzer charges may be able to challenge the legality of the demand or how it was administered.
How long does a DUI stay on your record in Canada?
If convicted (a fine is a conviction), a DUI (impaired driving or 80 plus) stays on your criminal record indefinitely. It may be possible to apply for a record suspension (pardon), but this typically requires a five-year waiting period after all sentencing requirements are completed.
The only way to avoid a criminal record from the start is to successfully fight the charge with a strong legal defence.
Do I need a lawyer for a first-time DUI?
Yes. Even first-time DUI charges can result in a criminal record, fines (possibly jail or prison), and driving prohibitions. Many people think a first offence will be treated lightly—this is a dangerous assumption. A Toronto DUI lawyer can often help get first-time charges withdrawn, reduced, or resolved without a conviction, depending on the facts.
How much does a DUI lawyer cost in Toronto?
Costs vary depending on the complexity of your case, but DUI defence can range from $15,000 (a young knowledgeable lawyer in the area) to much more for an experienced and expertly qualified criminal lawyer. Keep in mind, this is a long-term investment in protecting your driver’s licence, your clean record, and your freedom. At Weisberg Law Criminal Lawyers, we offer transparent pricing and custom strategies based on your individual case.
Read up on the approximate cost of an impaired driving conviction.
Recent Changes to Canada’s Impaired Driving Laws : What You Need to Know
The case law in this technical area of the law is constantly evolving. Successfully defending an impaired or over 80 trial requires specialized expertise on behalf of the criminal lawyer.
In the last couple of years, several changes have occurred to Canadian law and law in Ontario as it relates to drinking and driving or drug-related driving offences. In 2008 this area of law had a major overhaul. Some of the most interesting changes were as follows:
- Officers were allowed to make demands upon individuals to provide screening samples or perform physical tests up to three hours after the operation of a motor vehicle (it used to be two hours).
- Bodily fluid demands to test for drugs based on reasonable grounds after physical evaluation by an officer.
- New offence of 80 plus causing bodily harm created (before it was just impaired operation causing bodily harm) and Refusing to Blow after Causing an Accident where there was bodily harm.
- Significant changes were made to limit the accused’s ability to challenge the accuracy of the breathalyzer tests.
In Ontario, as of August 3rd, 2010, a new program was put into place that allows drivers to return to driving much earlier than before after a conviction. The minimum period under the new Ministry program that a driver will be suspended is three months followed by nine months of driving with an ignition interlock device if the driver pleads guilty within the first ninety days of being charged. Stream “A” and Stream “B” are explained above in this article.
Consequences of an Alcohol-Related Driving Conviction
An alcohol or drug-related driving offence comes with serious consequences. These consequences extend far beyond the minimum fine of $1000 and conviction. There is also a minimum driving prohibition/suspension of one year for first-time offenders. Insurance rates will rise significantly, and those convicted of alcohol-related driving offences will have a criminal record. People convicted of these offences will also have to participate in an ignition interlock program and successfully complete a driver training/rehabilitation course put in place by the government. There have been some recent changes in Ontario that shorten the length of suspension from driving with the proper completion of an alcohol interlock program.
The case law in this technical area of the law is constantly evolving. Successfully defending an impaired or over 80 trial requires specialized expertise on behalf of the criminal lawyer.
In the last couple of years, several changes have occurred to Canadian law and law in Ontario as it relates to drinking and driving or drug-related driving offences. In 2008 this area of law had a major overhaul. Some of the most interesting changes were as follows:
- Officers were allowed to make demands upon individuals to provide screening samples or perform physical tests up to three hours after the operation of a motor vehicle (it used to be two hours).
- Physical tests for impairment by alcohol or drugs were made compulsory to allow officers the ability to form their grounds to make demands or take further action.
- Bodily fluid demands to test for drugs based on reasonable grounds after physical evaluation by an officer.
- New offence of Driving Over 80 causing bodily harm created (before it was just impaired operation causing bodily harm) and Refusing to Blow after Causing an Accident where there was bodily harm.
- Significant changes were made to limit the accused’s ability to challenge the accuracy of the breathalyzer tests.
In Ontario, as of August 3rd, 2010, a new program was put into place that allows drivers to return to driving much earlier than before after a conviction. The minimum period under the new Ministry program that a driver will be suspended is three months followed by nine months of driving with an ignition interlock device if the driver pleads guilty within the first ninety days of being charged.
There are currently provisions in place on ignition interlock that have time limitations.
For detailed information about the new interlock device laws call Adam Weisberg at 416.605.4811.
Read up on the approximate cost of an impaired driving conviction.
Still Have Questions? Speak to a DUI Lawyer in Toronto Today
Weisberg Law Criminal Lawyers will always do everything possible to resolve a drinking and driving offence (DUI) without a trial and without a guilty plea to a criminal code offence. We have solved several impaired or alcohol-related driving offences for pleas to Highway Traffic Offences such as careless driving and have an excellent track record of success in winning impaired and 80plus matters at trials. Past success, however, is not always predictive of future results because every case is different and has its own unique sets of facts.
Memories fade and evidence can go missing. Witnesses that remember what you drank the next morning will not remember three weeks later. You must retain a criminal lawyer as soon as possible if you are charged with an alcohol-related criminal driving offence.
Every minute counts after a DUI charge. Protect your rights and start building your defence now.
Request a Confidential Consultation
Contact Weisberg Law Criminal Lawyers at (416) 605-4811 or reach out online to learn how we can help.