DUI Lawyer Brampton

Have You Been Charged With An Impaired Driving Offence In Brampton, Ontario?

A DUI is expensive, inconvenient, and the consequences severe. Hiring a DUI lawyer is a cost-effective decision that protects your reputation, driving record, and reduces the long-term risks that come with having a conviction attached to your name.

At Kruse Law Firm, our team of experienced impaired driving lawyers partner with expert forensic alcohol and drug consultants across the province to deliver unwavering representation to accused individuals.

As a leading criminal law firm servicing clients in Brampton, Ontario, with decades of criminal trial experience, a substantial portion of our practice revolves around defending Driving Under the Influence cases, and we take pride in achieving favourable results for our clients.

If you’re facing a criminal law charge related to a DUI arrest in Brampton, we understand the seriousness of the potential consequences of a drinking-and-driving charge or impaired driving by a drug conviction, and a skilled DUI lawyer from our team will handle your case accordingly. Should you or someone you know find themselves facing a criminal charge, contact one of our lawyers for a free consultation.

Whether you have “blown over” or been charged with “impaired by alcohol” or “impaired by a drug,” our Brampton DUI lawyers know what defences are available and the likelihood of whether they will work in your case.

Let us provide you with an honest and candid analysis of the evidence against you so that you can proceed to fight your charges with confidence.

 

What Classifies As A DUI Charge In Brampton

A DUI charge, or Driving Under the Influence, refers to impaired driving and “Over 80” or “80+” charge usually results after a person has failed  a roadside breath test, commonly called an Approved Screening Device. 

A DUI, or Impaired Driving, results when somebody’s ability to operate a conveyance (usually a motor vehicle) is impaired, by any degree, by their consumption of alcohol, drug, or a combination of both.  An Over 80 or 80+ results after a person who is suspected to have alcohol in their system provides breath samples at the police station and the results are equal to or above 80mg of alcohol per 100ml of blood.

When measuring a driver’s blood alcohol concentration (BAC) in Ontario, the results will fall into one of three categories.

First, if your BAC is between 0mg and 49mg, there are no penalties in law if you are a fully accredited “G” licence driver in Ontario.  If you are a “novice” driver, you may have your vehicle impounded, licence suspended, and a face significant fines and/or additional suspensions or even have your licence cancelled.

Second, if your blood alcohol concentration test shows a result between 50 mg and 79 mg per 100 ml, you are then in the ‘warn’ range. This means that while you will not be charged for being ‘over 80’, a police officer will still administratively suspend your driver’s license under the Highway Traffic Act.

Lastly, if the result of a roadside test is over 80 mg of alcohol in 100 ml of blood, you will be immediately arrested for the Criminal Code offence of being ‘over 80’. From there, you will be subjected to a breath test at the police station and should you blow above 80 mg there, you will be formally charged.

There is an additional and little known offence surrounding the amount of prescription of non-prescription drugs a person is allowed to have in their system while they operate a conveyance (motor vehicle).  For some drugs, like cannabis, there is some tolerance permitted much like alcohol.  However, with other drugs, like cocaine or psilocybin (magic mushrooms) you are not permitted to have any detectable level in your blood.  Here is a full list of the Blood Alcohol and Blood Drug Concentration Regulations.

 

50 mg to 80 mg ‘Under 80’: DUI Consequences In Brampton

A blood alcohol concentration measurement of 50 mg to 80 mg per 100 ml of blood puts you in the ‘warn’ range which comes with the following penalties.

• First-time offender: Receive a three-day license suspension and be required to pay a reinstatement fee.
• Second-time offender: If you are charged again within five years, you receive a seven-day license suspension, will be required to attend an alcohol education program known as the Back on Track Program, and be required to pay a reinstatement fee.
• Third-time offender: Your license will be suspended for 30 days and you will be required to use an ignition interlock device for a six month time frame. In addition, as a third-time offender, you will be required to pay the reinstatement fee, and will be required to enroll in an alcohol education program.

In line with these consequences, it’s important to note that any sort of DUI charge will signify to your insurance company that you are a ‘high-risk driver’. Expect your insurance rates to rise as high as $10,000/annually and potentially higher. Some insurers may cancel your policy altogether depending on the circumstances surrounding your DUI charges.

 

Types Of DUI Charges In Brampton, Ontario

Alcohol is not the only type of impairment that can affect a person’s ability to drive. It may be a legal prescription drive, recreational drugs such as cannabis, or illegal drugs that have caused the impairment. Here are the types of DUI charges our legal professionals have handled in past cases.

• Alcohol-impaired driving.
• Drug-impaired driving.
• A combination impairment with both drugs and alcohol detected in a person’s system.
• Over 80 or 80+
• Exceed Blood Drug Concentration
• Impaired driving causing death or injury.
• Refusing to provide a breath sample.

 

Don’t Give Up – Talk To A DUI Lawyer At Kruse Law Who Can Help

Do not enter a guilty plea to a DUI charge without talking to a DUI lawyer at Kruse Law in a free no-obligation consultation.

Furthermore, do not consider representing yourself. Those with a criminal lawyer achieve a better outcome than individuals who self-represent. To put it simply, all of our DUI lawyers are highly experienced and skilled in defending against a DUI.

A DUI lawyer can help you mitigate, minimize, or eliminate altogether the consequences of a DUI conviction. The consequences may include losing your rights to drive, more difficulty finding future employment, difficulty entering certain countries, fines, and a rise in insurance premiums.

A DUI conviction can cost you a lot. Imagine trying to find work and being denied on account of your criminal record. Imagine wanting to tag along with family and friends to travel to a foreign country that won’t allow you to enter because you carry a DUI charge on your name. Imagine the struggle in transportation, in terms of getting to and from work, to family events or to see your friends, and more without a vehicle.

Do not accept the shame and stigma of a future with a DUI conviction without pursuing every possible avenue to fight a DUI.

 

Why You Should Retain An Experienced DUI Lawyer From Kruse Law

• Connect with experienced DUI lawyers with decades of understanding the ins and outs of navigating Ontario impaired driving laws.
• Proven track record of having defended numerous clients, avoiding convictions, license suspensions, and hefty fines with strong defences.
• Receive a personalized approach to your case with tailored strategies to the specific details of your situation.
• Tap into comprehensive knowledge from our legal team who are up to date on DUI laws in Ontario.

If you’re facing an impaired driving or DUI charge, or any other motor vehicle or substance-related criminal charges, reach out to our experienced DUI lawyers in Brampton right after your arrest. Drinking and driving charges carry severe penalties, including hefty fines, long driving bans, and potential jail time, given recent legal changes.

Avoiding a DUI conviction and mounting a successful defence is definitely possible, but it requires a deep knowledge of the Criminal Code and applicable case law, as well as a wealth of experience in handling the legal proceedings for such charges. Thankfully, our DUI lawyers are well-versed in these areas and can carefully assess your case, helping you make the most informed decisions about how to proceed while working towards helping you avoid an impaired driving conviction.

The Kruse Law criminal defence lawyer team is dedicated to providing you with comprehensive legal representation and service to those that need a DUI lawyer. We are committed to protecting your rights and interests.

 

What To Expect At A DUI Criminal Trial In Brampton

If we are unable to have your DUI charge dismissed, it will progress to a trial. This is where guilt or innocence will be determined for the accused. A trial is not necessarily a bad thing and as your lawyer, we will advise you of the likelihood of your case going to trial in our early work with you.

A DUI trial is conducted by the Crown and defence counsel. A judge presides over everything. In some trials, the accused testifies and, in others, they do not.

As your lawyer, we will ensure you are fully prepared to testify. As evidence is called during the trial, please feel encouraged to ask questions and discuss with us during breaks. After a court session, you and your DUI lawyer will sit down to debrief and discuss the facts of your case as they unfold.

Once your case reaches the point of a trial, as the accused, your role and involvement are limited. As your lawyer, we will put forth the strongest possible defence and pursue the agreed-upon strategy to ultimately achieve the best result available in your circumstances.

It is imperative that you hire a good lawyer with a proven track record in DUI trials. This is the key to securing the result you want.

 

How A DUI Lawyer Can Help Defend Your Rights

Analyzing impaired driving and DUI defence strategies, there are several areas a lawyer can explore in formulating a defence.

Reasonable Doubt

The Crown must prove that you were Driving Under the Influence beyond a reasonable doubt. No presumptions. Trying to prove this can be a hurdle. If there is a mistake anywhere or an error in the process of charging someone, a great DUI lawyer will find it. Even the most experienced police officers can make an error when processing someone or accumulating evidence.

Proving Impairment

Impairment can be exceptionally difficult to prove. Bad driving, such as weaving or straddling the line, may be within routine sober driving behaviour. If there was a motor vehicle accident, this does not prove anything regarding a person’s ability to operate a motor vehicle. Slurring words and mumbling can be caused by a speech impediment, extreme fatigue, or nervousness experienced by a driver who is being detained.

Witness Testimony

When the accused calls their own defence witnesses who testify that the accused is sober and was not impaired before, during, or after driving, the judge may not have a reason to reject this person’s testimony or to question it. This casts double on the credibility of testimony provided by the police department.

Police Mistakes

Many DUI cases are dropped on account of mistakes the police make as it relates to respecting a driver’s Charter rights. If they knowingly or unknowingly denied you right to counsel, this highlights an error that may result in a judge excluding the results of a breath test thereby sinking a case with no definitive evidence to confirm that a person was impaired.

Videotape Request

A lot of police videotape breath testing procedures and the process of booking someone in at the police station. As your DUI lawyer, we will order the videotape or body cams as a part of disclosure. More often than not, videotape evidence can be used to our clients’ advantage as it may clearly demonstrate balance, coordination, and non-slurred speech, and be contradictory to what is being claimed by the police.

 

Contact Us for a Free Consultation

When confronted with accusations of a criminal offence, such as a DUI charge or impaired driving in Brampton, don’t hesitate to get in touch with Kruse Law Firm for a free consultation.

During this consultation, we will thoroughly review your version of events, provide you with an insightful overview of the court process, and lay out the potential courses of action available to you. Remember, you do not have to navigate this alone. Contact us today and enlist the services of an experienced Brampton DUI lawyer.

Want more information about DUI charges ahead of your consultation? Check out our DUI FAQs.

 

Frequently Asked Questions

Should I hire a Kruse Law lawyer for my first DUI?

Regardless of whether you are facing your first DUI or your fifth, schedule a free consultation with an impaired driving lawyer at Kruse Law. It’s free. There is no reason not to. If you are convicted of Driving Under the Influence in Brampton and this is your first time, you are not spared from severely damaging consequences.

How much does a DUI lawyer in Ontario cost?

In Ontario, DUI lawyers come at a cost. However, it is far less expensive than what you surrender in fines, insurance premiums, the inconvenience of not being able to legally drive, and avoiding potential jail time.

Can a lawyer help me beat my DUI case and avoid a conviction?

No lawyer can promise to guarantee results. Each Brampton DUI case is unique. If one can prove the accused’s rights were violated and/or that there are other aspects of your DUI charge that do not make sense, this can sometimes result in a reduced charge or acquittal. When you hire Kruse Law, understand that we will do everything in our power to give you the strongest chance at beating a DUI charge.

Do I still need a lawyer if I intend to plead guilty to a DUI charge?

You should never simply plead guilty to a DUI. Take advantage of Kruse Law’s free consultation first and speak with a lawyer. It’s strongly recommended to not plead guilty. Talk to a lawyer. They can help negotiate a plea agreement, minimize penalties, and protect your rights. There may be issues with the evidence that you aren’t aware of which could reduce charges or dismiss your case.