8 Ways to Challenge a DUI in Ontario

 Facing a DUI charge in Ontario carries significant weight, as it is deemed a serious offense. In fact, anyone found with a blood alcohol content exceeding 0.08 can face criminal charges and endure severe penalties according to Toronto Punjabi Lawyer Rupin Bal.

The repercussions of being charged with an over 80 in Ontario are substantial, including:

  • A $550 fine
  • A 90-day license suspension
  • A $275 license reinstatement fee
  • Mandatory 7-day vehicle impoundment
  • Installation of an ignition interlock device for a minimum of 6 months, potentially up to 10 years for repeat offenders within a 10-year span
  • Mandatory attendance in a treatment and education program for repeat offenders within a 10-year period

While these consequences may seem stringent, driving under the influence poses significant risks to public safety. However, there are situations where individuals may be wrongly charged or convicted. In such cases, seeking assistance from an impaired driving lawyer or criminal defense attorney can help challenge the charge.

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Effectively challenging a DUI charge often relies on experienced legal representation rather than elaborate investigations. Common defenses utilized by DUI lawyers include:

  • Highlighting lack of proper training of the arresting officer in using screening devices, indicating procedural errors.
  • Utilizing the "last drink" defense for individuals arrested shortly after leaving a bar, arguing that their blood alcohol level may have risen post-arrest due to absorption.
  • Pointing out contradictory indicia notes, suggesting the absence of impairment and potentially casting doubt on the validity of the arrest.
  • Contesting late use of screening devices, which can yield inaccurate readings and flawed documentation.
  • Asserting violations of an individual's right to counsel, such as denial of access to a lawyer, rendering collected evidence against the accused inadmissible.
  • Challenging the absence of reasonable and probable grounds for arrest, questioning the validity of the entire case.
  • Questioning delayed sample collection procedures, highlighting procedural flaws that may undermine the case.
  • Examining inaccuracies in toxicology reports, potentially disproving intoxication and weakening the case against the accused.

It's essential to recognize that a DUI charge carries severe criminal implications that can significantly impact one's life. Engaging the services of an experienced impaired driving lawyer like Rupin Bal Law is crucial in mounting a strong defense against such charges.

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