criminal
Defending Against DUI Charges
15 October, 2024
Understanding Your Rights During a DUI Arrest
Being pulled over on suspicion of driving under the influence (DUI) is a stressful and overwhelming experience. In a matter of moments, you could be facing sobriety tests, a breathalyzer, or even arrest. It's important to remember that you have rights during a DUI stop. You are not obligated to answer all questions beyond identifying yourself, and you have the right to speak to a lawyer if you are arrested.
If you find yourself under arrest, remain calm and polite. Avoid making any statements or admissions that could be used against you later. Politely decline to answer questions until you’ve consulted with your lawyer. This is a critical first step in protecting your rights and building a strong defence.
Why You Should Hire a DUI Defence Law Firm Like Kalina Tejpal
Facing a DUI charge can have serious implications on your personal and professional life, from a suspension of your driver’s license to hefty fines and even jail time. Navigating the complexities of DUI laws requires a deep understanding of legal procedures and a strategic approach tailored to your unique circumstances. This is where a focused DUI defence law firm like Kalina Tejpal can make all the difference.
Kalina Tejpal brings extensive experience in defending DUI charges, offering a thorough understanding of the law and how to challenge the evidence against you. They will scrutinize every aspect of your case—from the legality of the traffic stop and the administration of field sobriety tests to the accuracy of the breath sample results. With Kalina Tejpal on your side, you gain an advocate who will fight for your rights, challenge the prosecution’s case, and work tirelessly to achieve the best possible outcome.
Understanding the Consequences and Penalties of a DUI Conviction
A DUI conviction can carry severe penalties, including:
- License Suspension: Losing your driving privileges can disrupt your daily life, affecting your ability to work, attend school, or fulfill family responsibilities.
- Fines and Fees: Convictions often come with significant financial burdens, including fines, court costs, and increased insurance premiums.
- Criminal Record: A DUI conviction can lead to a criminal record, which may impact employment opportunities, travel, and more.
- Jail Time: Depending on the severity of the offense, you could be facing mandatory jail time, especially if there are aggravating factors such as high blood alcohol content (BAC), repeat offenses, or causing an accident.
Table of Offences, Penalties, and Prohibitions (Federal and Ontario)
Here is a comprehensive table that incorporates the offences under Sections 320.11 to 320.18 of the Criminal Code of Canada, the penalties specified in Sections 320.19 to 320.27 and integrates additional notes and regulations specific to federal and Ontario jurisdictions, including driving prohibition periods. This is only a guide current to 2024-10-01. Please review up-to-date legislation for the current state of the law.
Frequently Asked Questions About DUI Defence
What should I do if I am pulled over for suspected DUI?
If you are pulled over for suspected DUI, remain calm and polite. Provide your license, registration, and proof of insurance when asked. You are not required to answer questions about where you were or whether you’ve been drinking. Politely decline any field sobriety tests, as they are voluntary and can be used against you. Exercise your right to legal counsel and contact Kalina Tejpal immediately for guidance on your next steps.
Can I refuse a breathalyzer or blood test?
In Canada, refusing to provide a breath sample or blood test can lead to serious consequences, including charges that may carry penalties similar to or harsher than a DUI conviction. If you refuse, it’s important to know that the police can still charge you with failing to provide a sample. However, there may be valid legal defences for refusal, and having a DUI lawyer like Kalina Tejpal can help you navigate this complex area and potentially reduce the consequences of refusal.
How can a DUI lawyer help me fight the charges?
A DUI lawyer like Kalina Tejpal can provide crucial assistance in fighting DUI charges by examining every aspect of your case. This includes questioning the legality of the traffic stop, the accuracy of the breath sample or blood tests, and whether your rights were violated at any point. Kalina Tejpal will develop a tailored defence strategy, which could involve challenging the evidence, negotiating reduced charges, or seeking alternative sentencing options to minimize the impact on your life.
What are the potential penalties for a DUI conviction?
Penalties for a DUI conviction in Canada can vary based on factors such as your BAC level, whether it’s a first or repeat offense, and if there were any aggravating factors like an accident or injury.
First Offence
- Mandatory treatment program or alcohol education program
- $1,000 fine
- 1-year license suspension
- 1-year requirement to drive a car fitted with an ignition interlock device after license reinstatement
Second Offence
- Minimum 30 days in jail
- A fine at the judge’s discretion
- 3-year license suspension
- 3-year requirement to drive a car fitted with an ignition interlock device after license reinstatement
Third and Subsequent Offence
- Minimum 120 days in jail
- 10 years to life license suspension
- Lifetime requirement of driving a car with an ignition interlock device
- A fine at the judge’s discretion
Meet the Lawyers: John Kalina and Sweta Tejpal
At Kalina Tejpal, we pride ourselves on providing fearless and strategic defence for those facing DUI charges and other serious criminal offenses. Our team, led by John Kalina and Sweta Tejpal, brings a wealth of experience and a relentless commitment to protecting your rights and achieving the best possible outcome.
John Kalina is known for his tenacious approach in the courtroom and his dedication to every client. Sweta Tejpal combines her deep understanding of criminal law with a compassionate approach to client service.
A DUI charge doesn’t have to define your future. The decisions you make now are critical to protecting your rights and minimizing the impact of these charges on your life. At Kalina Tejpal, we understand the stakes and are committed to providing the dedicated, knowledgeable defence you need.
Don’t leave your future to chance. If you’ve been charged with a DUI, contact Kalina Tejpal immediately at 416-900-6999. We will review your case, discuss your options, and begin crafting a defence strategy tailored to your unique situation. Your initial consultation is your first step toward safeguarding your rights and securing a brighter future.
Tags: arrest, criminal defence
