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Durham Region Driving Under the Influence Defence

Defence Against Driving Under the Influence Offences in Durham Region

driving under the influence durham region

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

What To Do If Charged With Driving While Under the Influence in Durham Region, ON

The laws relating to driving under the influence in Durham Region are very strict and convictions result in stiff fines and penalties. These offences are among the most litigated in the courts of Durham Region, Ontario and are contested on highly technical grounds. The defence is mainly based on evidence collected from the site of the incident and the accounts of eyewitnesses.

There are various aspects that we consider when defending our clients in courts. We have a team of experienced attorneys who are well conversant with defending these cases in Durham Region and we have a high degree of professional expertise to do so. It is always important to remember that speed is of the essence when it comes to the collection of evidence thus; it is advisable to contact us as soon as possible after being charged for infringement of driving under the influence laws.

Durham Region Laws Regulating Driving While Under the Influence Charges

The main section related to driving while under the influence is 253 (1) which states that everyone 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 two specific instances.

253 (1) (a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired due to alcohol or drugs; and

253 (1) (b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred milliliters of blood.

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

dui driving under the influence durham region

driving while under the influence durham region

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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DUI Driving Under the Influence in Durham Region, Ontario

The essential factors of establishing evidence for DUI driving under the influence are primarily time and date of the incident, identity of the accused and jurisdiction of the courts. Under 253 (1) (a) an officer can act with reasonable suspicion that the accused is impaired and is driving under the influence of either drugs and/or alcohol. A case of impairment due to drugs is rather complicated and requires the professional opinion of a drug recognition expert.

Over 80 Driving Under the Influence Law in Durham Region, ON

In this case, it has to be established that the Blood Alcohol Concentration (BAC) of the accused is over 80mg for 100ml of blood. Drawing of blood samples has to follow a set pattern. The blood samples must be taken as soon as possible after the offence and should not in any case be later than 2 hours of the incident. Moreover, there should be a 15 minute interval between subsequent samples obtained. All these are clearly outlined in driving under the influence laws.

Breath samples must also collected using a calibrated approved instrument handled by a certified technician whose evidence is admissible in court. The instrument displays “fail” for over 0.1%, “caution” between 0.05% and 0.1% and a numerical value below 0.05%.

driving under the influence law durham region

drinking and driving under the influence durham region

Fines for Drinking and Driving under the Influence in Durham Region

The fact that Canada is a Federal State means that the laws related to driving under the influence are enacted both by Parliament and Provincial Assemblies. Therefore the fines and punishment may vary depending on the province. However, the minimum quantum for punishments are:

  • For a first offence, 12-month driving probation, and a $1000 fine.
  • For a second offence, 24-month driving probation, and 30 days jail sentence.
  • For a third or subsequent offence, 36-month driving probation and 120 days jail sentence.

Choose An Elite Durham Region DUI Lawyer To Fight Your Driving Under the Influence Charges

Our experienced impaired driving lawyer has successfully defended clients in drinking and driving under the influence cases in courthouses all across Durham Region, Ontario. Our investigators will often visit the scene of the incident to get firsthand information on the case. This helps us to counter prosecution evidence and cross-examine crown witnesses. We also rely on the Charter of Rights and its various sections to build our case. The different strategies that we’ve used have always been successful in the courts of Durham Region, Ontario. Give us a call to learn more about how we can defend you against driving under the influence offences.

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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

    Durham Region DUI Defence Attorney

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    Durham Region 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.

    Available 24/7 For Immediate Assistance

    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.

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