Penalties for second DUI convictions can be more severe than for a first offense. Such offenses could incur mandatory minimum jail terms, extended driving under the influence restrictions and DUI school attendance requirements.
With the assistance of an experienced DUI defence lawyer, your chances of having charges reduced or dismissed altogether may increase significantly. A competent counsel can raise an array of pretrial and trial defences on your behalf such as:
What You Need to Know
When someone is charged with DUI, more than their driver’s license is at stake; impaired driving (over 80) is a criminal offence with potentially significant repercussions for their lives. According to Canadian law, impaired driving refers to operating or being in control of a vehicle while your ability to operate it has been diminished by alcohol or drugs – this impairment could manifest physically by signs such as swerving, poor driving, bloodshot eyes or personal characteristics such as slurred speech or alcohol-scented breath.
An individual charged with their first crime will most likely be taken to the police station and processed, receiving an appearance notice with court dates. A conviction could also result in your driver’s license being taken away, appearing on your criminal record visible by police as well as employers or institutions conducting background checks; furthermore it’s also considered an assault on their citizenship and can prevent entry to the United States.
Over 80 rule and charges
The Over 80 Rule states that it is illegal to operate a vehicle with an alcohol concentration exceeding 80 milligrams per 100 millilitres of blood, often misconstrued with impaired driving charges; these two charges should not be confused.
An over 80 charge relies on the results of a breath analysis test; impaired driving requires police officers to see certain, objective indicators that an accused is unfit to drive; these may include things such as slurred speech, bloodshot eyes and the scent of alcohol on their breath.
Criminal records for over 80 and impaired driving convictions will appear on your criminal history, which will be accessible by prospective employers, border officials and third-party entities such as credit lenders. To avoid having such convictions appear on your record, work with a Toronto DUI lawyer in order to contest your charges successfully – your lawyer can negotiate with the prosecutor and meticulously prepare for trial to maximize your chances of success.
Charges
As with any DUI offense, repeat offenses carry harsher penalties due to judges viewing repeat offenders as higher risks; it’s impossible for them to know whether a repeat offender can change.
Your criminal record will also become permanent and could make traveling or practicing certain professions more challenging, while raising insurance premiums due to being considered high-risk driver.
On a second offense, jail time may increase significantly and you may be required to install an ignition interlock device in your car. Furthermore, participation in a remedial impaired driving program varies by location; its length typically varies according to severity of offenses committed.
Defence
A second DUI charge can be much more severe, placing you into the category оf repeat offender. Judges tend tо view such charges more seriously and are likely tо impose harsher penalties than before.
Fines, an extended license suspension period and participation in an Ignition Interlock Device program (which varies according to province). Jail time could increase exponentially if this offence is committed within five or ten years of a previous DUI conviction.
Employing the appropriate criminal lawyer is key to successfully combatting your DUI charges. An experienced defence lawyer can challenge police observations and/or breath test results as accurate, as well as argue that the Crown violated your Charter Rights under section 7 of the Canadian Constitution by failing to preserve or disclose evidence that could have helped your case – this strategy is known as Carter DUI Defense and has led to many acquittals for those charged with driving under influence across Canada.
