Top 10 DUI Lawyers in Toronto - Drunk driving charges

Top 10 DUI Lawyers in Toronto - Drunk driving charges

Facing drunk driving charges can be overwhelming, but with the right legal support, individuals can navigate the process confidently. In Toronto, many highly skilled lawyers specialize in defending those accused of driving under the influence.

These DUI lawyers possess extensive experience in criminal law and work diligently to mitigate the impact of such charges on their clients' lives.

This article from JuriGo covers all essential information regarding DUI offences and highlights the top 10 DUI lawyers in Toronto, renowned for their commitment, expertise, and successful track records in managing DUI cases.

What is a DUI ?

Driving under the influence (DUI) is a significant legal offence that occurs when an individual operates a motor vehicle while impaired by alcohol, drugs, or a combination of both. Defined under section 320.14(1) of the Criminal Code of Canada, DUI laws are designed to safeguard the public from the dangers associated with impaired driving.

The offence of impaired driving includes:

Prohibited levels for alcohol:

In Canada, the legal blood alcohol concentration (BAC) limit is set at 0.08%, which translates to 80 milligrams of alcohol per 100 millilitres of blood. This limit applies to individuals driving within two hours of consuming alcohol.

Prohibited levels for cannabis (THC):

For cannabis, the legal thresholds vary. A THC concentration of between 2 nanograms (ng) and 5 ng per millilitre (ml) of blood is considered a less serious offence. However, a THC level of 5 ng or more per ml of blood constitutes a more severe violation.

Combination of alcohol and cannabis:

When both substances are involved, the legal limits are 50 mg or more of alcohol per 100 ml of blood, along with 2.5 ng or more of THC per ml of blood.

Prohibited levels for other drugs:

Besides alcohol and cannabis, the presence of various other drugs is strictly prohibited when driving. These include, but are not limited to:

• Lysergic acid diethylamide (LSD)
• Psilocybin and psilocin (magic mushrooms)
• Ketamine
• Phencyclidine (PCP)
• Cocaine
• Methamphetamine
• 6-monoacetylmorphine (a heroin metabolite)
• Gamma-hydroxybutyrate (GHB), which is prohibited at 5 mg or more per litre of blood

Understanding these thresholds is critical for drivers to avoid legal repercussions and ensure public safety.

What are the consequences of a DUI conviction?

The consequences of a DUI conviction can have profound impacts on an individual's life, affecting their personal, professional, and financial circumstances. The penalties in Ontario are strict and escalate with repeated offences, taking into account the severity of the infraction, prior convictions, and the blood-alcohol concentration or drug levels detected.

First DUI offence

For a first DUI offence in Ontario, the consequences are severe and include both financial and non-financial penalties. Offenders are typically required to pay a minimum fine of $1,000. However, this fine increases with the offender's blood alcohol concentration (BAC):

• For a BAC between 80 and 119 mg of alcohol per 100 ml of blood, the fine is $1,000.
• A BAC between 120 and 159 mg per 100 ml results in a fine of $1,500.
• A BAC of 160 mg or more per 100 ml incurs a minimum fine of $2,000.

In addition to these financial penalties, convicted individuals are faced with a criminal record. A criminal record can have long-term impacts, such as difficulty securing employment or travel restrictions to certain countries. There is also a mandatory suspension of the driver’s license for at least one year, limiting the ability to drive legally.

There is also the possibility of imprisonment, with offenders facing a maximum of up to 10 years behind bars depending on the severity of the offence, such as involvement in accidents or injuries. Additionally, offenders may be required to participate in education or treatment programs to address the issues leading to impaired driving.

The installation of an ignition interlock device in the offender’s vehicle for at least one year is also a common penalty. This device prevents the vehicle from starting unless the driver provides a breath sample proving they are sober. This penalty adds an ongoing inconvenience for offenders.

In summary, penalties for a first DUI in Ontario include:

• Minimum fine of $1,000 (increases with higher BAC).
• A criminal record.
• A one-year mandatory driver’s license suspension.
• Possible imprisonment for up to 10 years.
• Mandatory education or treatment programs.
• Installation of an ignition interlock device for at least one year.

Second DUI offence

The penalties for a second DUI offence within 10 years are considerably more severe. While the financial fine remains a minimum of $1,000, the penalties escalate due to the recurrence of the offence. Offenders must serve a mandatory minimum of 30 days in jail.

If the offender’s BAC is 160 mg per 100 ml or higher, the imprisonment period increases to a mandatory minimum of 120 days.

Along with a longer jail sentence, the individual will face a three-year prohibition from driving. This extended period without a license can have a significant impact on work, daily responsibilities, and overall mobility. As with a first offence, participation in education or treatment programs is required.

Additionally, the installation of an ignition interlock device is mandated for at least three years following the second conviction. The device ensures that the individual cannot operate a vehicle unless they are sober, and the prolonged requirement reflects the seriousness of repeated offences.In short, the consequences for a second DUI offence include:

• A minimum fine of $1,000.
• Mandatory imprisonment of at least 30 days (120 days for high BAC).
• A three-year driving prohibition.
• Mandatory education or treatment programs.
• Installation of an ignition interlock device for at least three years.

Third DUI offence

A third DUI conviction within 10 years carries even harsher consequences, as it shows a clear pattern of disregard for the law. The financial fine remains at a minimum of $1,000, but the jail time significantly increases, with a mandatory minimum imprisonment of 120 days.

One of the most severe penalties for a third DUI is the lifetime suspension of the offender's driver’s license. This can be reduced after 10 years under certain conditions, such as participation in treatment programs and proof of sobriety. However, offenders must demonstrate that they are fit to drive.

The installation of an ignition interlock device is required for a minimum of six years, a considerable burden that restricts the offender’s ability to drive. Furthermore, third-time offenders are often placed on probation with strict conditions, such as participating in alcohol treatment programs and abstaining from alcohol consumption.

Lastly, a compulsory medical assessment is required to determine whether the individual is fit to drive after their license suspension. This ensures that those who continue to pose a risk does not return to the road.

In summary, a third DUI offence results in:

• Minimum fine of $1,000.
• Mandatory minimum imprisonment of 120 days.
• Lifetime license suspension (may be reduced after 10 years).
• Installation of an ignition interlock device for at least six years.
• Probation with treatment programs and no alcohol consumption.
• A compulsory medical assessment for driving eligibility.

DUI laws in Ontario reflect a strong commitment to road safety and public health. The consequences of driving under the influence are designed to deter individuals from impaired driving while also providing avenues for rehabilitation.

For those facing DUI charges, understanding the legal framework and potential repercussions is essential. Engaging a knowledgeable legal professional can be crucial in navigating the complexities of the legal system and mitigating the consequences of a DUI offence.

What are the defences for DUI charges?

When facing a DUI (Driving Under the Influence) charge, several defences can be presented, depending on the specific circumstances of the arrest and the evidence involved. A skilled DUI lawyer examines every detail of the case to build a defence that could lead to a plea of not guilty or a reduction of charges.

Here are some of the most common defences:

Violation of the right to legal counsel

Under section 10(b) of the Canadian Charter of Rights and Freedoms, anyone arrested has the right to legal counsel. If this right is not promptly granted, it can serve as a valid defence.

Failure to inform the reasons for the arrest

According to section 10(a) of the Canadian Charter of Rights and Freedoms, individuals must be promptly informed of the reasons for their arrest. In DUI cases, the officer is obligated to explain the charge in a clear, understandable manner without using overly technical language.

• Improper administration of alcohol or drug tests

Breathalyzer tests or other drug detection methods must be conducted correctly and within the legal timeframe, usually within three hours of the arrest. Several factors may affect the validity of these tests, which can provide a solid defence for the accused.

Defence arguments:

• Breathalyzer malfunction: If the device used to measure blood alcohol content (BAC) is faulty, its results may be inaccurate.
• Improper calibration: If the breathalyzer or screening device hasn't been calibrated correctly, the results may not be reliable.
• Technician certification: If the person administering the test is not properly trained or lacks up-to-date certification, the test results could be deemed invalid.
• Incorrect testing protocols: Breathalyzer tests must be administered at appropriate intervals, typically within 15 minutes of each test. If this protocol isn't followed, the defence may argue that the results are inaccurate.

By challenging the accuracy of the alcohol or drug tests, a defence lawyer can undermine a key component of the prosecution's evidence, potentially leading to the case being dismissed.

Unreasonable delay in proceedings

Section 11(b) of the Canadian Charter of Rights and Freedoms guarantees the right to be tried within a reasonable time. The Supreme Court of Canada has set a limit of 18 months from the time charges are laid to the conclusion of a trial.

If this timeframe is exceeded, a DUI defence lawyer can request a stay of proceedings due to the delay. If the judge finds that this right has been infringed, the DUI charge will be dismissed.

What is the cost of hiring a DUI lawyer in Toronto?

The cost of hiring a DUI lawyer in Toronto can vary significantly based on several factors, including the lawyer's experience, the complexity of the case, and the fee structure. Here’s a detailed overview of the costs associated with securing legal representation for a DUI charge:

Fee structures

• Hourly rates: Most DUI lawyers charge by the hour. In Toronto, typical hourly rates range from $300 to $500. However, rates can exceed $1,000 for complex or high-profile cases, with all tasks, including consultations, legal research, and court appearances, billed hourly.
• Flat fees: Some lawyers offer a flat fee structure for handling specific aspects of a DUI case. This option provides predictability in costs. Fees vary based on whether the case is settled without a trial or goes to court.
• Non-trial cases: Flat fees for DUI cases resolved without going to trial typically range from $1,500 to $5,000.
• Trial cases: If a case goes to trial, flat fees generally start at $10,000, with costs increasing depending on the trial's duration and complexity.

• Retainer fees: Many DUI lawyers require a retainer fee, an upfront deposit paid before legal work begins. This deposit covers part of the anticipated legal fees, and as the case progresses, the lawyer may request additional payments if the retainer is depleted. Retainers can range from $2,000 to $10,000 or more, depending on the lawyer's reputation and the case's complexity.

Additional costs

In more complex DUI cases, additional expenses may arise, often relating to expert witnesses or specialized services required to build a strong defence. These costs can significantly increase the total expense of a DUI case.

• Expert witnesses: Engaging experts such as toxicologists or accident reconstruction specialists can add between $1,500 and $5,000 or more to the legal bill.
• Complex cases: Cases involving multiple DUI charges, accidents, or injuries typically require additional resources, resulting in higher legal fees.

Factors affecting costs

Several factors influence the overall cost of hiring a DUI lawyer in Toronto:

• Lawyer’s experience: More experienced lawyers often charge higher fees. Senior DUI lawyers with 10–15 years of experience and a strong track record may charge $15,000 or more for a standard case, while junior lawyers may charge between $3,000 and $7,500.
• Case complexity: The complexity of the case directly impacts costs. Cases involving accidents, injuries, or multiple offences typically demand more extensive legal work, leading to higher expenses.
• Case resolution: DUI cases that go to trial are more expensive than those settled through negotiations or plea deals, as trials require more preparation and courtroom time.

Hiring a DUI lawyer is an investment that can significantly impact the outcome of your case. Experienced legal counsel is crucial for navigating the complexities of DUI law, protecting your rights, and potentially reducing or eliminating charges.

Top 10 DUI Law Firms in Toronto

Facing DUI charges can be daunting, making skilled legal representation essential. Here are ten of the most reputable DUI law firms in Toronto, recognized for their expertise and commitment to their clients:

Toronto Criminal and DUI Lawyers

Toronto Criminal and DUI Lawyers is a leading Toronto law firm specializing in DUI cases, as well as assault, theft, fraud, domestic and sexual assault, and drug charges.

They offer strong defence strategies aimed at minimizing the consequences of DUI offences, such as impaired driving and refusal to provide breath samples. The firm provides free, confidential consultations to assess each case and deliver clear, expert legal guidance.

Focusing on protecting clients' driving privileges and reputations, they offer flexible payment options and referrals to other firms when needed. Committed to rigorous defence, their services are available 24/7 for urgent legal assistance.

Caramanna Friedberg LLP – DUI Lawyers Toronto

Caramanna Friedberg LLP is a top Toronto law firm specializing in DUI defence and criminal cases. Known for relentless dedication and creative strategies, they handle charges like sexual assault, murder, fraud, and drug offences.

Committed to minimizing the impact on clients' driving records and achieving the best outcomes, they provide expert guidance and thorough representation. No detail is overlooked in building strong defences, and the firm is available 24/7 for urgent legal assistance.

Karapancev Law Professional Corporation

Karapancev Law Professional Corporation specializes in criminal defence in Toronto, focusing on DUI cases. They prioritize clients' rights and reputations, meticulously reviewing evidence from the Crown to build strong defences.

Their trial litigation expertise enables them to effectively challenge charges and achieve favourable outcomes. With experienced lawyers and offices in downtown Toronto and Mississauga, the firm serves clients throughout the Greater Toronto Area and is available 24/7.

Mass Tsang Criminal Lawyers

Mass Tsang Criminal Lawyers specializes in DUI, traffic ticket charges, and quasi-criminal offences. With over 30 years of experience, they have successfully defended more than 1,000 cases, helping clients regain control of their lives.

The firm is committed to affordability, offering flat rates and flexible payment plans. Additionally, their diverse legal team speaks multiple languages, including Mandarin, Punjabi, and Cantonese, ensuring accessible consultations for expats and immigrants. They provide free case assessments to guide clients through the legal process.

Charitsis Law Criminal Lawyers

This criminal law firm specializes in impaired driving charges and has defended over 4,000 clients, often preventing permanent criminal records. Their large team provides prompt service, accommodating clients within 24 hours, and they are available 24/7 for emergencies.

Additionally, they handle various criminal cases, including sexual assault and theft, with offices located in both West and East Toronto.

Jonathan Lapid

Jonathan Lapid is a prominent criminal defence lawyer in Toronto, available 24/7 and specializing in DUI cases with over 25 years of experience. He has an impressive track record defending high-profile clients, including police officers, doctors, and athletes. Known for his honest assessments and reasonable rates, he takes on challenging cases, ensuring favourable outcomes for his clients.

Kruse Law

Kruse Law specializes in DUI defence, with locations in London, Windsor, Kitchener, and Toronto. Their Toronto team consists of four seasoned lawyers with over 78 years of combined experience. The firm also handles various criminal cases, including dangerous driving, assault, and theft, offering free consultations to clients.

Arvin Ross – Barrister & Solicitor

Arvin Ross provides 24/7 criminal defence services for DUI cases, understanding that such charges can arise at any time. His expertise includes complex DUI implications related to immigration and existing charges. Through free consultations, he develops tailored strategies for clients.

As a solo practitioner, he ensures direct communication, although availability may vary due to client demand. His firm handles over 80 DUI-related charges, including refusal to provide breath samples and impaired operation by drugs.

David Genis Criminal Lawyer

David Genis is a lawyer with 15 years of experience specializing in drinking and driving offences. He represents clients in English, Mandarin, Cantonese, Russian, and Ukrainian. In addition to complex DUI and drug cases, he also handles serious charges such as domestic and sexual assault, theft, and immigration matters.

Calvin Barry

Calvin Barry is a criminal defence lawyer with over 30 years of experience and a strong reputation in Toronto. He has served as a director and treasurer for the Ontario Crown Attorney’s Association and is a member of the Criminal Lawyers Association.

His firm specializes in impaired driving and domestic abuse cases across the Greater Toronto Area, offering free initial consultations. With extensive courtroom experience and expertise in various defence strategies, Calvin Barry is an excellent choice for DUI cases.

While these 10 law firms in Toronto are highly regarded for their expertise in DUI defence, it’s important to note that there are numerous other firms in the city and across Ontariothat also offer exceptional legal services in this area. Many of these firms have experienced lawyers who specialize in DUI cases and possess a deep understanding of the nuances of the law.

You have been arrested for impaired driving? JuriGo can help you find a DUI lawyer!

If you’ve been arrested for driving under the influence, it’s crucial to seek a DUI lawyer’s help!

An experienced lawyer can defend your rights and interests, as DUI charges in Toronto carry severe penalties, including hefty fines, license suspensions, and possible imprisonment. These consequences can greatly affect your personal and professional life. Whether it’s your first offence or multiple charges, choosing the right legal professional is vital.

Toronto DUI lawyers bring extensive experience and strategic guidance to navigate the complexities of DUI law, significantly impacting the outcome of your case. Don't underestimate their importance in securing the best defence.

JuriGo provides a simple, fast, and free solution for finding a DUI lawyer! Our service is confidential, free of charge, and requires no commitment.

Simply fill out our request form, detailing your situation, and we will promptly connect you with a criminal lawyer in your area. Get started on your defence quickly and easily with DUI Lawyer Canada.