What Does Getting a DUI in Toronto Look Like?
Your eligibility to enter Canada with a DUI depends on its circumstances, when and how recently it occurred, as well as whether your offense equates with Canadian law - for instance, what may have been considered misdemeanor DUI could constitute an indictable offence up north.
1. Driving While Under the Influence
If you drive under the influence of drugs or alcohol, you could face criminal charges that include indictment and/or summary conviction by the Crown.
Police officers use several factors to evaluate whether someone is under the influence, such as appearance, speech and movement patterns as well as any detectable smell of alcohol or drugs. If they suspect you of being impaired they can request you take part in a roadside breath screening test (PAS).
DUI arrests may also take place if your blood alcohol concentration exceeds 80 milligrams per 100 ml of blood, the legal limit in Canada. If found guilty, additional consequences include criminal records and fines as well as attending an alcohol treatment program and installing an interlock device into your car - these penalties could become even harsher should injuries or deaths result from your DUI crash.
2. Driving While Refusing to Take a Breath Test
Ontario government laws regarding DUI can be some of the toughest in North America. If you refuse a portable breath test (PBT) either on the roadside or at a police station, police could charge you with either refusal of test or impaired driving over 80 mgs, thus leading to charges for DUI or impaired driving.
Both charges are criminal offenses and could lead to jail time of at least 30 days, three-year mandatory driver's license suspension and substantial fine amounts. They also taint your driving record, raise insurance rates and prevent you from qualifying for less severe DWAI offenses or no conviction at all.
Refusing to take a breath test will only make your case weaker by making it more difficult for the prosecution to establish that you were over the legal limit. Furthermore, refusing an on-site or post-arrest breath test breaks your implied consent agreement and can be used against you at trial as proof that you knew you were exceeding this threshold.
3. Driving While Under the Influence of Drugs
While most people think DUI charges involve alcohol alone, any drug which impairs someone's ability to operate a vehicle in Canada is considered illegal and criminal action should be taken. This includes prescription and over-the-counter medicines as well as illicit substances like cocaine and methamphetamine; multidrug usage may further worsen impairment.
Police officers may suspect a driver is under the influence of drugs when they observe red and watery eyes; thick or slurred speech; profuse sweating and poor performance on field sobriety tests. Such observations often prompt further assessment by a trained drug recognition expert at their police station.
Being charged with drug-impaired driving is a serious offense that could land you behind bars for extended periods and lead to higher insurance premiums; furthermore, conviction could require you to wear an ignition interlock device as soon as possible. As soon as possible after being accused, it's wise to consult a Toronto criminal defence lawyer about your case and seek legal advice about it from him or her.
4. Driving While Under the Influence of a Controlled Substance
Police who file charges of impaired driving often add charges related to controlled substance usage as part of the charge. Under law, an offence for using controlled substances includes operating any type of vehicle, vessel, aircraft or railway equipment while under the influence of alcohol or drugs - whether these be prescription, over-the-counter drugs or even cough medicines that impair driving safely.
If you have been arrested for such an offence, special permission from Canadian authorities may allow for your entry to Canada with conditions attached; proof of full completion includes paying fines on time or attending MADD Victim Impact Panel meetings as well as having removed an ignition interlock device from your vehicle.
Conviction for DUI can have devastating repercussions for your life. Seek legal representation immediately by reaching out to TorontoDUI today - they offer top-tier impaired driving defense lawyers - so as to reduce or drop these charges as quickly as possible. Contact them now and schedule your consultation appointment! Additionally, you will need to hire a DUI attorney to help safeguard your legal rights.
