Best DUI & DWI Lawyers in Aurora

About DUI & DWI Law in Aurora, Canada

Driving Under the Influence (DUI) and Driving While Impaired (DWI) are serious criminal offences in Aurora, Canada. These offences refer to operating a motor vehicle while your ability to do so is impaired by alcohol or drugs, including prescribed or non-prescribed substances. Aurora, located in Ontario, follows both federal and provincial regulations that outline the definitions, penalties, and enforcement methods related to DUI & DWI. A conviction for DUI can have severe consequences, including fines, driving prohibitions, imprisonment, and a permanent criminal record.

Why You May Need a Lawyer

Legal representation is crucial if you are facing DUI or DWI charges. The law in this area is complex, and the penalties can be life-altering. Common circumstances where legal assistance becomes essential include:

• Challenging the validity of a roadside stop or breathalyzer test
• Understanding the differences between charges such as "over 80," refusal, and impaired driving
• Navigating court procedures and possible defences
• Negotiating plea deals or reduced charges
• Seeking early licence reinstatement or access to ignition interlock programs
• Handling cases involving aggravating factors, such as injuries or repeat offences
• Protecting your employment prospects and travel rights that may be affected by a criminal record

Local Laws Overview

In Aurora, DUI & DWI offences fall under the federal Criminal Code of Canada and are also subject to Ontario’s Highway Traffic Act. Key aspects of local law include:

• Legal Limits: It is illegal to operate a vehicle with a Blood Alcohol Concentration (BAC) of 80mg or more per 100ml of blood (often referred to as "over 80"). Ontario also enforces lower limits for new or young drivers and commercial drivers.
• Zero Tolerance: For drivers under 21 or those with G1/G2 licences, any detectable level of alcohol or drugs is an offence.
• Immediate Penalties: Police can immediately suspend your licence for 90 days and impound your vehicle for 7 days if you are caught impaired, refuse a breathalyzer, or have a BAC in the "warn range" (0.05 to 0.079).
• Criminal Penalties: A conviction can lead to fines, mandatory education or treatment programs, lengthy licence suspensions, ignition interlock requirements, and imprisonment, depending on the severity and whether it's a repeat offence.
• Drug-Impaired Driving: Laws also strictly penalize impairment by drugs, including cannabis. Oral fluid screening devices and other tests may be used by police at roadside.
• Refusal: Refusing to provide a breath, blood, or oral fluid sample is treated as a criminal offence, often with the same penalties as impaired driving.

Frequently Asked Questions

What is the difference between DUI and DWI in Aurora?

In Canada, both "DUI" and "DWI" refer to offences involving impaired driving, though "DUI" is the more commonly used term. Legally, these terms may be used interchangeably and refer to driving under the influence of alcohol or drugs.

What happens if I’m charged with a DUI in Aurora for the first time?

A first-time DUI charge may result in a 90-day licence suspension, fines, a criminal record, mandatory participation in education or treatment programs, and possibly installation of an ignition interlock device once driving privileges are restored.

Will I have a criminal record if found guilty of DUI?

Yes. A conviction for DUI or related offences is a criminal offence in Canada and will appear on your criminal record, which can affect employment and travel prospects.

Can I refuse a roadside breathalyzer test?

Refusing to provide a breath sample when required by police is an offence with penalties similar to or greater than those for DUI. You may face automatic licence suspension, fines, and possible imprisonment.

How does drug-impaired driving get detected?

Police use standardized field sobriety tests and oral fluid drug screening devices to detect drug impairment. If you fail, you may be required to provide further samples for analysis.

Are there additional consequences for commercial or young drivers?

Yes. Commercial drivers and those under 21 or with G1/G2 licences must have zero alcohol or drugs in their system. Penalties for breaches are strict, often including immediate suspensions.

Can I get my licence back early?

In some cases, you may be eligible for the Ontario Ignition Interlock Program, which can allow for earlier reinstatement of your licence with conditions such as restricted driving and installation of an ignition interlock device.

What are "warn range" penalties?

If your BAC is between 0.05 and 0.079, you can face roadside penalties: immediate 3, 7, or 30-day suspensions and administrative monetary penalties, even without criminal charges.

Do I need a lawyer to fight a DUI charge?

Having a lawyer is highly recommended, as they can challenge the evidence, negotiate on your behalf, and help you understand your rights and potential defences.

Can a DUI conviction impact travel outside Canada?

Yes. Many countries, such as the United States, may deny entry to those with a DUI conviction. This can significantly impact your ability to travel internationally.

Additional Resources

If you are seeking more information or support related to DUI & DWI in Aurora, the following resources may be helpful:

• Ontario Ministry of Transportation: Information about licence suspensions, reinstatement, and interlock programs.
• Legal Aid Ontario: Provides legal advice and representation for those who qualify financially.
• Ontario Court of Justice: Details about court dates, court locations, and procedures for criminal matters.
• Mothers Against Drunk Driving (MADD) Canada: Advocacy, victim support, and education resources related to impaired driving.
• Local Police Services: For questions about charges, obtaining police reports, or understanding the investigation process.

Next Steps

If you or someone you know is facing DUI or DWI charges in Aurora, Canada:

• Act quickly: There are often strict deadlines for responding to charges and beginning a defence.
• Consult an experienced lawyer: Seek a criminal defence lawyer who specializes in DUI & DWI cases and is familiar with local Aurora and Ontario laws.
• Prepare documentation: Gather any relevant paperwork, such as charge sheets, breath or blood test results, and records of police interactions.
• Attend all court appearances: Missing a court date can lead to further legal trouble, including additional charges or arrest warrants.
• Follow legal advice closely: Your lawyer will guide you through the process and help you make informed decisions to protect your rights and your future.

Remember, impaired driving is taken very seriously in Aurora. Early legal advice can make a significant difference in the outcome of your case.