Hamilton DUI Refusal Defence
Refusing A Breathalyzer Defence in Hamilton, Ontario
Due to the severe and harsh punishments handed out to Hamilton DUI offenders charged with impaired driving, it is always advisable to contact an experienced and reliable DUI Lawyer.
The Implications of Hamilton Laws For Those Who Refuse To Blow
It is a criminal offence in Hamilton to refuse a breath sample when a police officer has reasonable grounds to suspect that the accused is driving under the influence. The sample is required to assess the Blood Alcohol Concentration (BAC) in the body of the person driving the motor vehicle. In such cases, the person will be charged with refusing to provide a sample. Additionally, the accused will also be charged with impaired driving as well.
When you are charged for refusing a breathalyzer in Hamilton, Ontario you should immediately get in touch with an experienced and reliable Hamilton DUI Lawyer who will prepare your DUI refusal defence. There are many angles to take take in when dealing with this facet of law, and our team of DUI lawyers has consistently been successful in getting a DUI refusal dismissed in the courts of Hamilton.
The Consequences and Penalties You Should Expect If You Refuse To Blow in Hamilton
If you refuse to blow by failing to give a sample of your breath, after a reasonable and lawful demand has been made by a police officer, can attract stiff penalties and harsh punishments in Hamilton courts. If proved guilty of the offence, first-time offenders will automatically face a permanent criminal record. In addition to this, you will face a minimum fine of $1,000 along with a mandatory suspension of your license.
For those convicted, it can lead to a lifetime of hardship and social stigma. You may end up losing your job, your license, pay more for car insurance, face problems with immigration as well as a record that will be stored and is accessible in the national CPIC database.
If you have no criminal record, then be sure that your decision to refuse to blow may cost you your good reputation.
Do Not Hesitate To Contact Us If You Have Received A DUI Offence in Hamilton
Types Of DUI Charges:
Consequences Of A DUI:
How to Effectively Build a DUI Refusal Defence in Hamilton, ON
When you contact our Hamilton DUI Lawyers to try and beat a DUI refusal, we primarily focus on a number of issues that might have been the grounds for refusing a breathalyzer. The first thing is whether there was a basis for a reasonable excuse for refusing the test. These may include �”
Medical grounds where the accused was under treatment for any health conditions and going through the test at the time the officer wanted it would have aggravated the problem.
- Mental grounds where the accused was so drunk or inebriated with drugs that he/she was unable to understand the demand being made or the effects of the refusal.
- Not given the right to meet or consult with counsel before providing the breath sample.
- The breathalyzer equipment not giving accurate results.
- The police officer had no reasonable and probable grounds to suspect that an offence under DUI laws has been committed and hence there was no sufficient reason for the person to take the test.
Call A Defence Lawyer Immediately If You Refuse To Blow in Hamilton
When we receive details of an arrest on those who refuse to blow, you will be assured that your refusal to take a breathalyzer test and your impaired driving charges are fought on highly technical grounds. This includes whether the police officer followed the rules and whether the driver had a valid reason for refusing the test.
Moreover, it has to be proved beyond reasonable doubt by the Crown that the police officer fulfilled the legal obligation of confirming that the person who had been asked to take the breath test understands what he/she was required to do and the consequences of refusing to do so. Therefore if you have been arrested, our DUI refusal defence will depend on these factors which are more dependant on technical grounds than anything else.
The Chances of Getting a DUI Refusal Dismissed in The Courts of Hamilton
Even though the laws in Hamilton, Ontario are very strict on refuse to blow cases, a reliable Hamilton DUI Lawyer can prepare an outstanding DUI refusal defence for you. It will primarily be based on whether all the stipulations and conditions have been fulfilled before asking for the test. In most cases, we are able to point out flaws in the prosecution defence. In that case, we request a plea bargain in return for a lower charge for your offences such as careless or negligent driving. Conviction under cases of careless driving do not involve such harsh punishments as is the case with DUI charges.
We Are Your Best Option When Trying To Beat A DUI Refusal in Hamilton
If you are charged with refusing a breathalyzer and impaired driving, get in touch with our Hamilton DUI Lawyer immediately. Speed is of much essence in such situations since our DUI refusal defence is largely based on technical grounds of evidence collected from the site and cross-examining prosecution witnesses. We are also offer a DUI expungement service for those who have already been convicted and what the their DUI records deleted. Give us a call today and experience our high success rates.
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.
Hamilton DUI Defence Attorney
