DUI Lawyer Oakville

Our DUI Lawyers Defend Clients Charged With Impaired Driving Offences in Oakville

Impaired driving, also referred to as Driving Under the Influence (DUI), is a charge with high stakes. A DUI conviction is a serious mark against anyone’s driving record and criminal record. In addition, you face steep fines, the loss of one’s driving license, increased insurance premiums, and potential jail time.

Even a first-time offender will see severe restrictions applied to their ability to drive and their lifestyle. If convicted, a DUI can be seen on your permanent criminal record, affecting employment opportunities and your ability to travel. There is no reason to accept a DUI charge without first consulting a lawyer.

Kruse Law specializes in offering DUI legal services in Oakville. Protect your rights with the best possible defence.

Impaired Driving Laws In Ontario

When you search for drunk driving laws in Ontario, you will discover that these laws comprise several different criminal offences. It’s not just impaired driving. A Driving Under the Influence charge, or DUI, can reference refusing to provide a breath sample, impaired care or control, or the ‘Over 80’ rule.

When you are stopped for suspected drunk driving in Ontario, you will be asked to provide a breath test that measures your blood alcohol concentration.

• If your roadside test measures 50 mg to 80 mg per 100 ml of blood, you are considered in the ‘warn range’. While the police will not charge you, they will still suspend your license under the Highway Traffic Act.
• If the result of a breath test is over 80 mg of alcohol per 100 ml of blood, this is an automatic fail. With this, you will be arrested, brought down to the police station, tested a second time to confirm the results, and formally charged with a DUI.

Alcohol is not the only substance that can land you with a DUI charge. Any drug applies, including recreational drugs, such as cannabis, if it has impaired your ability to operate a motor vehicle. A DUI arrest can also occur if you are under the influence of prescription medications that have impaired you.

DUI Charges Kruse Law Can Help With

Have you been charged with one of the following offences in Oakville?

• Impaired driving by alcohol or a drug
• Impaired driving causing bodily harm
• Impaired driving causing death
• Over 80
• Over 80 care or control of a motor vehicle
• Failing or refusing to provide a breath sample
• Criminal charges

These are areas that Kruse Law can assist in defending you. Each of these charges carries severe consequences and a conviction will not only impact your present but your future as well. Get help with your Oakville DUI arrest. It all starts with contacting us for a free consultation.

How The Crown Proves A DUI Offence

Impaired driving and DUI charges require the Crown to prove beyond a reasonable doubt that a person’s ability to operate a motor vehicle was impaired by alcohol or a drug.

The consistent route that prosecutors take is to call upon witnesses and evidence that demonstrates either physical symptoms and/or driving behaviour that suggests impairment.

Among this potential proof includes evidence of bad driving and poor decision-making while driving, a motor vehicle accident, the odour of alcohol on the breath, bloodshot and/or watery eyes, unsteadiness or balance problems, coordination problems, and slurred speech.

It is within your right to retain a DUI lawyer and defend yourself against any perceived evidence or accusations. Sit with Kruse Law for a free consultation to start on your journey to finding weaknesses in the Crown’s case, identifying opportunities to submit our own evidence disputing what’s being claimed, and ensure that you are given the best opportunity to overcome the charges against you.

Consequences Of A DUI Conviction In Oakville

Are you concerned about the potential consequences of a criminal conviction in Oakville? Here is a little of what you might be looking at if you are convicted of a DUI offence.

• A criminal record
• A high fine
• A lengthy driving prohibition/suspension
• A period of probation or alcohol counseling
• Skyrocketing insurance rates
• Employment or education consequences
• Difficulty traveling outside of Canada
• Stigma and harm to your reputation in the community or
• A jail term

None of this is something you want to have to worry about. This underscores the importance of securing the guidance of an experienced DUI lawyer who can advise you on next steps. Please contact Kruse Law Firm for your free consultation.

Services We Offer As Your DUI Lawyer In Oakville

Analyze Evidence

After we sit down with you for a free consultation, our legal team in Oakville will start working on your case by analyzing the evidence. Meticulously review police reports, breathalyzer results, witness statements, and anything else that may be held against you as evidence for Driving Under the Influence.

Challenge Errors And Procedures

If we identify any procedural errors or evidence that lacks foundation, we will strategize how to best challenge these errors.

Build A Strong Defence

Your Oakville DUI lawyer will leave no stone unturned as we build your defence, from determining if testing devices were accurate to examining if the traffic stop was legal in the first place.

Negotiate For Reduced Charges

If/when appropriate, we will negotiate with the Crown to seek reduced charges or penalties and further mitigate the risks of a DUI conviction.

Represent You In Court

Should your DUI case progress to a trial, our experienced lawyers will vigorously advocate for your rights in court.

Common DUI Defence Strategies In Ontario

Every DUI case has its own unique set of circumstances, however, some common defence strategies are utilized more than others. When we start to craft a defence for our clients, these are the areas typically examined for critical issues.

• Details Of The Traffic Stop: Whether the stop was lawful or not.
• Breathalyzer Accuracy: Evaluating if the testing devices were properly maintained and calibrated.
• Charter Rights Violation: If your Charter rights were infringed upon during the arrest.
• Testing Protocols: Examining if proper procedure was followed.

Court Process After You Are Charged With A DUI Charge In Oakville

A DUI arrest in Oakville means you will have upcoming court responsibilities surrounding the charge and your name. Kruse Law legal services can help ensure you are represented well and that your rights are enforced.

During the initial intake or court remand process lasting three months, you will be required to make a first court appearance in front of a Justice of the Peace in the Ontario Court of Justice followed by multiple more appearances in court.

Let an Ontario DUI lawyer attend these court appearances on your behalf so that you can minimize the stress of court appearances until you are legally required to attend, such as in the event of a trial or disposition date.

Throughout the three-month period, we will engage in all sorts of research surrounding your case, engage witnesses, and provide you with different legal defences while being honest about your odds of winning as well as whether it makes more sense to be ready for a trial or negotiate a resolution without one.

At the end of this three-month remand period, a trial date or date for a guilty plea is set. You can expect to receive a trial date 6-12 months from your first appearance in court or potentially longer, depending on the trial backlog at the time.

If it is suggested that you plead guilty and you are recommended to qualify for the Ministry of Transportation’s Stream A Ignition Interlock Program, you must enter a guilty plea no later than 90 days after your arrest.

If there is a trial and your defence must be presented before the courts in a trial setting, as your legal representative, Kruse Law will be there to ensure the most favorable outcome given the unique circumstances surrounding your case.

Why Choose Kruse Law For Your Oakville DUI Defence

When you are facing DUI charges, you want a legal team with a proven track record of success to lead your defence.

Kruse Law has a team of criminal defence and DUI lawyers in Oakville with winning experience in defending impaired driving, drunk driving, and DUI charges in Oakville.

Our impaired driving lawyers keep abreast of this highly technical and rapidly changing area of law and of all available defences. Your DUI lawyer at Kruse Law will take the time to carefully review your case to determine the best way to fight the charges and defend your rights.

Our focused legal strategies personalized to your case plays a key role in courtroom success. Our team is known for being able to achieve favourable outcomes for our clients. In certain cases, this has meant acquittals and reduced charges. With a client-centered approach, we prioritize clear communication and unwavering support to ensure you are provided the resources you need to enforce your legal rights in Ontario.

Don’t hesitate – all Oakville residents can contact Kruse Law for a free, no-obligation consultation today!

Frequently Asked Questions

What should I do if I’m pulled over for a DUI in Oakville?

If you have been pulled over for a DUI in Oakville, remain calm and respectful. When requested, provide your license, registration, and insurance. It is within your legal rights to politely decline to answer any questions about alcohol or drug consumption. Contact Kruse Law immediately for a consultation on what to do next.

Can I be arrested for a DUI if I refuse a roadside breath sample?

A Kruse Law DUI lawyer recommends that you provide a breath sample when requested to do so by a police officer. If you refuse a roadside test, you will be arrested for refusing to comply.

Can I fight a DUI charge in Oakville?

It is your legal right in Ontario to fight a DUI charge. Many DUI charges have been challenged successfully. Reach out to an experienced impaired driving lawyer at Kruse Law for more information not only on how to fight a DUI charge but what may be the best strategy to use taking into consideration the details of your case.

What are the penalties for a first-time DUI in Ontario?

A first-time DUI charge in Oakville can lead to a minimum fine of $1,000 – $2,000, a license suspension for 1 year or more, and a mandatory education or treatment program that you will be required to complete before being allowed to drive again.