DUI Lawyer Mississauga

Facing a DUI charge in Mississauga is daunting. How you choose to move forward and with what lawyer will determine a lot about how your case unfolds. Before you submit a formal response to the DUI charges against you, consult with the legal team at Kruse Law.

Kruse Law’s impaired driving lawyers, working alongside forensic toxicologists throughout the province, are dedicated to delivering top-notch representation for those accused of impaired driving in Mississauga.

We understand the significant consequences tied to allegations of drunk driving and impaired drug offences, and we’re committed to assisting you. Our Mississauga DUI lawyers are poised to represent you in cases for various impaired driving offences.

Kruse Law has built a strong reputation as a trusted criminal law firm dedicated to safeguarding the rights of individuals charged with any type of criminal offence, and has particular expertise defending Criminal Code driving offences.

If you, or someone you know, is confronted with criminal charges, including impaired driving charges, don’t hesitate to reach out to our experienced Mississauga DUI lawyer team.

Kruse Law offers a free consultation to provide clarity on your circumstances and the available courses of action.

 

Why You Should Seek The Counsel Of An Impaired Driving Lawyer In Mississauga

When you are facing allegations of impaired driving, DUI, or other motor vehicle infractions, do not tackle it alone.

Recent changes to Ontario’s impaired driving laws have made these charges more serious, resulting in higher fines, longer license suspensions, and possible jail time. Avoiding a criminal record after a DUI charge is often possible with the right legal representation.

During a free consultation, Kruse Law’s experienced criminal lawyers will carefully assess your case and provide the guidance you need to make informed decisions.

With offices in multiple locations and a network of lawyers throughout Ontario, we offer legal support to those facing impaired driving or other serious criminal charges in Mississauga and across the province.

 

Understanding What’s At Risk With DUI Charges In Mississauga

A DUI is a serious offense with severe penalties, some of which apply at the time of the charge and others after a conviction.

 

Penalties For A First DUI

When you are charged with a DUI in Mississauga and it’s your first time, you are immediately issued a $550 fine, your car is impounded for 7 days, and your driver’s license will be suspended for 90 days.

If you are convicted, here are the penalties you will encounter.

• A minimum fine of $1,000 if your blood alcohol level is 80-119 mg.
• A minimum fine of $1,500 if your blood alcohol level is 120-159 mg.
• A minimum fine of $2,000 if your blood alcohol level is 160 mg or higher.
• A minimum 1-year suspension of your driver’s license.
• A required attendance at an educational or treatment program that you must pay for out-of-pocket.
• A 1-year minimum requirement using an ignition interlock device that must be installed at your own expense.
• A maximum jail sentence of ten years.
• A criminal record.

 

Penalties For A Second DUI

When you are charged with a DUI and it’s your second time, you are issued a minimum $550 fine, your car is impounded for 7 days, and your driver’s license is suspended for 90 days.

If you are convicted, the consequences for a second DUI are worse than your first.

• A minimum $1,000 fine.
• A mandatory jail sentence of at least 30 days to a maximum of up to 10 years.
• A minimum 3-year suspension of your driver’s license.
• A required attendance at an educational or treatment program that you must pay for out-of-pocket.
• A 3-year minimum requirement using an ignition interlock device that must be installed at your own expense.
• A criminal record.

Before you are allowed to resume driving, you must also undergo a mandatory medical evaluation to ensure you satisfy the requirements of the courts.

 

Penalties For A Third DUI

For a third DUI, the Ontario legal system is giving you no more chances and the penalties are at their most severe.

If you are convicted, the following DUI penalties apply.

• Your driver’s license is permanently suspended though this may be reduced after 10 years with certain criteria.
• A minimum fine of $1,000 is issued though it is likely to be considerably more.
• A mandatory jail sentence of at least 120 days up to a maximum of 10 years in prison.
• You must pay for and attend a required educational or treatment program.
• An ignition interlock device must be installed on your vehicle at your own expense and used for a minimum of 6 years.
• You will be ordered to undergo a medical evaluation prior to being allowed to drive again in Ontario.
• A criminal record.

 

How A DUI Lawyer In Mississauga Can Help Get Your Charges Reduced Or Dismissed

For many people, hiring a DUI lawyer in Mississauga means pleading not guilty and preparing for trial with the strongest possible defense to have the charges dismissed. However, the reality is often more complex.

Pleading not guilty isn’t always the best option. It might be appropriate if there are significant weaknesses in the Crown’s case and doubt about their ability to prove your guilt beyond a reasonable doubt. However, this can lead to a lengthy and costly court process.

In some cases, your lawyer may recommend pleading guilty to receive a lighter sentence or to plead guilty to a lesser offense. This can be negotiated with your DUI lawyer and is often advised when the evidence against you is overwhelming and the chance of having your charges dismissed is low.

Negotiating a DUI charge offers many benefits, including reduced penalties, avoiding a criminal record, and preventing a trial.

Our criminal defense lawyers will carefully review all the evidence to determine the best course of action. By analyzing your unique circumstances, we can identify potential defenses and present all your legal options, helping you decide the most appropriate strategy.

Common DUI defenses that may lead to reduced charges or dismissals include police procedural errors, improper traffic stops or arrests, inconsistencies in evidence, questionable breathalyzer results, and violations of Charter rights.

 

Improper Breathalyzer Test

A breathalyzer device must be properly calibrated and maintained. If it wasn’t or hasn’t been, the results may be inadmissible. Furthermore, if the officer was not properly trained and did not follow correct procedures in administering the test, the results could be challenged.

 

Charter Rights Violations

If you were not informed of your right to speak with a lawyer, were denied the opportunity to do so, if there was an unreasonable delay in bringing you before a judge, or a delay in administering the breathalyzer test, these are all grounds for possible Charter rights violations.

 

Inaccurate Police Testimony

A field sobriety test or assessment can be influenced by a driver’s nervousness, level of fatigue, or physical condition. Also, if there are discrepancies or inconsistencies in the arresting officer’s observations or testimony, this can be used to cast doubt on the prosecution’s case.

 

Witness Testimony

There may be witnesses who can testify that you were not impaired at the time of the alleged offence.

 

Involuntary Intoxication

If there is evidence to suggest your drink may have been spiked without your knowledge or if you were unaware that a prescription medication you were taking could impact your ability to drive, these could be used as a part of your defence.

 

Medical Conditions

Certain medical conditions, like diabetes, can cause acetone to appear in a person’s breath, which can lead to falsely high breathalyzer readings. Additionally, conditions like gastroesophageal reflux disease (GERD) can cause alcohol from the stomach to rise into the mouth, resulting in inaccurate roadside test results.

 

Mouth Alcohol Contamination

Mouthwash, breath fresheners, or even burping or belching immediately before taking a test can leave alcohol in the mouth. This has been shown to contribute to inaccurate breathalyzer test results.

 

Mississauga Provincial Offences Court

The Mississauga Provincial Offences Court handles DUI cases and is located at 950 Burnhamthorpe Rd W, Mississauga, ON L5C 3B4.

Our team has extensive experience navigating this court’s procedures, giving our clients a distinct advantage.

 

Get Your Free Consultation Today With A DUI Lawyer In Mississauga

If you are facing a DUI or impaired driving charges, reach out for a free consultation today.

In your consultation with one of our Mississauga DUI lawyers, we’ll listen to your account, explain your legal rights, provide you with a better understanding of the criminal justice system, and present the possible courses of action.

Remember, you’re not facing this alone. Contact Kruse Law today, and let us help you during this process.

 

Frequently Asked Questions

Can I refuse a breathalyzer test?

Refusing to take a breathalyzer test can result in criminal charges that are no different in seriousness as a DUI conviction. You are subject to penalties under the Highway Traffic Act, including an immediate driver’s license suspension and vehicle impoundment.

What are the impaired driving rules for a new driver in Ontario?

For a new driver, you are not allowed to have any alcohol in your system. If you are a young or novice driver and you are subject to a breathalyzer test or any roadside test that finds even a small amount of alcohol in your system, you can be charged with a DUI.

Can I represent myself in a DUI court case in Mississauga?

Yes, you have the option to self-represent in court, however, it is not recommended. Defending yourself in court is a risk. You are far more likely to end up with a conviction than if you hired a DUI legal professional. A DUI lawyer in Mississauga has the experience necessary to build a strong defense and offer the support you need to navigate the challenges the legal system will present.

Will I lose my license if convicted of a DUI in Mississauga?

Most likely, yes, license suspension is a common penalty but it is typically a temporary measure. In addition, an experienced DUI lawyer with a strong defence can explore several options to reduce or avoid suspension.

How long does a DUI charge stay on my record?

A first-time DUI conviction stays on your driving record in Ontario for at least three years. It remains on your record indefinitely until you are eligible to submit an application to have that record expunged after a certain time.

Can I travel to the US with a DUI conviction?

Possibly not. Not many people realize that if you do not fight a DUI conviction, it can limit your travel. US Customs and Border Protection have the authority to deny entry to any Canadian with a criminal record. It is ultimately up to their discretion to allow or deny your entry if you have a DUI conviction.

 

Want more information about impaired driving? Consult our FAQs about impaired driving now.

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Kruse Law Firm operates out of our offices in Toronto, Kitchener, London, and Windsor to assist clients throughout Ontario.