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alcohol drinking and driving

Kingston Alcohol and Driving Laws

Laws Surrounding Drinking Alcohol and Driving in Kingston

alcohol and driving kingston

Due to the severe and harsh punishments handed out to Kingston DUI offenders charged with impaired driving, it is always advisable to contact an experienced and reliable DUI Lawyer.

An Overview of Alcohol and Driving Laws in Kingston, Ontario

Laws related to alcohol and driving are very strict in Kingston, leading to fines, jail terms or both. It is an offence under the Criminal law, and for offenders, it has long term repercussions on their future lives. Hence if you are arrested in Kingston, Ontario for an offence of driving with blood alcohol limits above that permissible by law, the first thing that you should do is to get in touch with an experienced DUI lawyer who is familiar with the DUI process in Kingston.

We at Kingston DUI Lawyer have an experienced team of DUI lawyers, trained in this particular aspect of the law. We will fight the charges based on technical grounds that include violations of Charter of Rights and contradictions in evidence gathered by the prosecution and submitted at trial as well as the cross examination of witnesses. We have over the years used this line of defence which have always shown consistently favorable results.

Kingston Laws Governing Drinking Alcohol and Driving

The laws related to drinking alcohol and driving in Kingston are very specific and stringent.
Section 253 (1) is related to “impaired” driving and clearly states that “Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not.”

In the relevant subsections to this clause, Section 253 (1) (a) is about driving under the influence of drugs and/or alcohol and Section 253 (1) (b) is about blood alcohol concentration. Notably, the Blood Alcohol Concentration (BAC) of anyone in care or control of a vehicle should not exceed 80mg per 100ml of blood.

Do Not Hesitate To Contact Us If You Have Received A DUI Offence in Kingston

alcohol and drunk driving kingston

drinking alcohol and driving kingston

Types Of DUI Charges:

Impaired Driving

Driving Under The Influence

Over 80 m.g. DUI

Failure to Provide a Breathe Sample

Care and Control

Multiple DUI Offences

Consequences Of A DUI:

Criminal Record

Serving a Jail Sentence

Drivers License Suspension

Payment of Fines

Travel Restrictions

Loss of Income

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Kingston Alcohol Drinking and Driving Legal Limit

Determining the charges for crossing the DUI legal limit that leads to arrest is primarily based on the observations of the investigating officer. The prosecution on the other hand also bases its case on such evidence as well as a cross examination of witnesses. Since the trial rests on technical grounds, these “over 80” cases are evenly contested and you always have a reliable chance of being acquitted. It is thus very crucial that you get in touch with an experienced DUI lawyer who will defend the case on your behalf.

Nevertheless, the law related to alcohol drinking and driving has to be precisely followed. It is stipulated that the first sample of blood used in the investigation to evaluate BAC should be taken not more than 2 hours after the incident and subsequent samples should be at the interval of 15 minutes. Deviating from this norm can weaken the prosecution case.

With the assistance of a reliable and well informed lawyer, you will increase your chances of beating your alcohol and driving case. Get in touch with our Kingston DUI Lawyer and be confident that your case will be handled by professionals.

alcohol drinking and driving kingston

alcohol and drink driving kingston

Breathalyzer Readings for Alcohol and Drunk Driving Charges in Kingston, ON

Since the charges for alcohol and drunk driving should be based on accurate findings of BAC, the laws related to devices for measuring breath samples are precisely defined.

The breathalyzer instrument is calibrated in a way that it will show a numerical value if the BAC is below 0.05% and “caution” if it is between 0.05 and 0.1 percent. It shows “Fail” for all instances over 0.1%. This instrument has to be handled by a qualified technician whose findings will be admissible in court as evidence.
If an offender refuses to give breath samples and go through a trial, the onus of proving the offence rests with the Crown. It has to be proved in a court of law that a proper demand was made and that the accused fully understood the request and the refusal of providing the samples was intentional.

Kingston Alcohol and Drinking & Driving Penalties

Penalties for alcohol and drinking & driving in Kingston, ON are quite severe and the extent of penalties and fine increase with every additional offence.

For First offence –

  • 12 month driving prohibition and $1,000 fine.
  • If no one is killed or hurt and the Crown proceeds by summary conviction, the maximum sentence will be 18 month jail term.

For Second offence –

  • 30 days in jail and a 24 month driving prohibition.
  • If no one is killed and the Crown decides on summary conviction, the sentence will be 18 months in jail.

For Third offence –

  • A 10 year- lifetime licence suspension.
  • A fine that will be decided based on the judge’s discretion.
  • A minimum of one hundred and twenty days of jail time and the days may increase depending on the discretion of the judge.

Nevertheless, it is important to keep in mind that the quantum of sentencing varies based on bodily harm or injuries or death caused due to alcohol and drunk driving.

Experienced Defence Lawyers for Alcohol and Driving Charges in Kingston, Ontario

Get in touch with our Kingston DUI Lawyer if you are faced with charges or when you are arrested for alcohol and driving in Kingston, ON. Our team of lawyers has the necessary skills and expertise to defend you in court based on technical grounds. Over the years, we have achieved consistent and favorable results on behalf of our clients. Call us today and get more information on our outstanding services.

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Adam Little dedicated to your rights

Adam Little received his LL.B in 2006 from Osgoode Hall Law School and has lectured at numerous educational conferences for the Law Society of Upper Canada and for the Criminal Lawyers’ Association of Ontario. Mr. Little's exceptional knowledge of the law as it pertains to driving related offences has been observed at the highest levels of court in Canada. Mr. Little has conducted both trials and appeals, at all levels of court in Ontario. Watch the video below as Adam carries out an appeal at the Supreme Court of Canada.

How We Help our experience is your advantage
The initial in-person consultation to discuss your legal matter is FREE. The consultation is a personal meeting with Adam Little, and not an Associate. This is perhaps the most stressful time of a person’s life and thus there is no time limit to the meeting. Our experience includes a wide range of criminal and quasi-criminal litigation with a strong focus on impaired driving offences. When you come in and visit us we will evaluate your case and we will take whatever time is necessary to carefully review and discuss your criminal matter in a professional environment.

Areas Of Expertise what we are best at
  • Impaired Driving
  • Driving Under The Influence
  • Over 80 DUI
  • Failure To Provide
  • Multiple DUI Offences
  • Care And Control

Kingston DUI Defence Attorney

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Kingston DUI Defence Attorney With Consistent Results

We fight DUI charges to the ground and our success rates speak for themselves.

Invaluable Experience

As experienced drunk driving attorneys, we are successful at gathering necessary information to protect you against drunk driving charges.

We have shown consistently favorable results when defending our clients against over 80 m.g DUI charges utilizing detailed investigation strategies.

As recognized DUI lawyers, we believe in upholding your safety and protection from all consequences arising from a failure to provide DUI charge.

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Superior Knowledge

Our team of impaired driving lawyers have extensive experience studying evidence and will provide a strong defence on your behalf at trial.

We explore all possibilities when defending clients who have multiple DUI offences and we strive to fight your case in the best way possible.

Our reputable DUI lawyers will protect you in court and make sure that you receive the best possible defence against any care and control charges.

416-816-4848

Call For Your Free Consultation.