DUI Lawyer Windsor

DUI Lawyer Windsor

What is DUI or Impaired Driving?

DUI, or driving under the influence, is a term commonly used in pop culture and jurisdictions other than Canada. In Canada, a DUI is referred to as Impaired Driving under the Criminal Code of Canada.

It is a criminal offence to “operate” a motor vehicle or “have care and control” of a motor vehicle:

  1. while the ability to do so is impaired by drugs and/or alcohol; or,
  2. while having a blood alcohol level greater than eighty milligrams of alcohol in one hundred millilitres of blood (.08).

It is important to understand that you may be found guilty for impaired charges without being over the limit of 0.08. If the prosecution can prove that your ability to operate a motor vehicle was impaired by drugs (illegal, prescription or over the counter medication), or a combination of both drugs and alcohol, you may be convicted of impaired driving.

You also do not have to be operating a motor vehicle to be found guilty.  The vehicle does not even have to be moving. Having “care and control” of a motor vehicle, even when parked, may result in a conviction.

What are the Consequences of DUI Convictions?

Apart from a criminal record, consequences upon conviction for DUI or impaired driving are severe. Because of the severe penalties for DUI or impaired driving convictions, you should speak to a Windsor DUI lawyer.

Below are some possible penalties for impaired driving convictions:

First Time:

  • Mandatory alcohol education or treatment program
  • 1 year minimum requirement to drive a car equipped with an ignition interlock device
  • No minimum jail sentence
  • $1,000 fine
  • Licence suspended for 1 year

Second Time:

  • Mandatory alcohol education or treatment program
  • 3 year minimum requirement to drive a car equipped with an ignition interlock device
  • 30-day minimum jail sentence
  • Fine amount at the discretion of the judge
  • Licence suspended for 3 years

Third and Subsequent Times:

  • Mandatory alcohol education or treatment program
  • Lifetime minimum requirement to drive a car equipped with an ignition interlock device
  • 120-day minimum jail sentence
  • Fine amount at the discretion of the judge
  • Lifetime licence suspension (can be reduced to 10 years if certain conditions are met)

What are some possible defences?

Just because you have been charged with impaired driving, it does not mean that you are out of options. Contact a Windsor DUI lawyer immediately to discuss available defences for your unique case.

There are defences available to an accused facing DUI charges. One possible defence includes challenging the accuracy of the blood alcohol readings. Sometimes there may be an explanation as to why an accused may have appeared to be under the influence when they were not. For example, an accused may seem to be impaired because of symptoms of a medical condition or shock after a car accident. On some occasions, charges may be dismissed if one or more of an accused’s Charter rights have been violated.

Our Windsor DUI lawyer can help you understand your situation, explain your options, and advance possible defences.

Tips to Avoid a DUI

There are simple steps you can take to avoid a DUI by drugs or alcohol:

  • Plan to get home safely by taking a taxi or getting a designated driver.
  • Talk to your doctor or pharmacist about side effects related to driving when using prescription medication.
  • Read the information on the package of any prescription drugs or over-the-counter medicine, including allergy and cold remedies.
  • Ask your doctor or pharmacist about how a prescription drug could affect you — drugs and alcohol together can impair your driving even more than either one alone.

Fatigue and stress may also affect your ability to drive safely.

If you are charged with a DUI or impaired driving, it is important to get representation from a Windsor DUI lawyer right away. A Windsor DUI lawyer will be able to discuss your situation and advance the various possible defences applicable to your case.

Call (519) 252-3636 today for a free, no obligation and confidential consultation with a Windsor DUI lawyer.