Impaired Driving

Impaired Driving

De Sa & Associates is a team of experienced DUI lawyers that will always have your back

An impaired driving charge shouldn’t be the end of the world. By immediately seeking the help of a skilled and experienced DUI lawyer, you can avoid the commonly punitive legal penalties for impaired driving. The penalties include:

    • Possible jail time
    • Driving license suspension,
    • Possible foreign travel restrictions,
    • Permanent criminal record.

Drinking after consuming alcohol in excess is illegal and dangerous. Alcohol impairs your ability to make quick and accurate driving decisions, which endangers you and others. But you aren’t necessarily guilty of an offense every time you are pulled up for ‘drunk driving’.

What to do when accused of impaired driving and if asked to take a breathalyzer test, depends on your individual case’s circumstances. There is no universal advice to give here, which is why it is important to always call a DUI lawyer and let them advise on the best action to take.


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What DUI Truly Refers to in Canada

There are many misconceptions about what drunk driving is and what a DUI charge entails in Canada. First of all, Canadian and especially Ontario law has no accommodation for drunk driving, which people commonly refer to as ‘driving under the influence’ (DUI).

The legal term for any charge that relates to driving after consuming more than the legal limit for blood alcohol concentration is ‘impaired driving’. You don’t have to be visibly drunk to be guilty of impaired driving. You only have to exceed the .08 blood alcohol concentration (BAC) limit.

Ontario law does not test how drunk you are. It is concerned only with how much alcohol you consumed before getting behind the wheel, which is obtained from taking your breath, blood, or urine sample. If your BAC is above .08, then you are considered legally impaired to be driving a motor vehicle.

If you’ve been drinking alcohol a long time and have now developed a high tolerance for alcohol, you may not feel too impaired to drive. But the law does not consider that to be a mitigating factor.

Can an Attorney Get You Out of a DUI Charge?

The purpose of seeking the advice and representation of an attorney is not to escape a DUI charge or penalty. Rather, it is to accord you a competent defense. 

What a competent DUI lawyer will do is review your case on its own circumstances to give you the best legal advice possible. They can also prevent you from digging yourself into a hole by saying and doing things that can hurt your chances of avoiding serious impaired driving penalties.

If important procedures were not followed in the collection of the breath sample by the police, it may jeopardize your chances of a fair hearing. A DUI lawyer can use these flaws in the police’s case as the basis for your defense.

Inaccurate BAC tests, pre-existing medical conditions, and police report errors are all instruments an experienced DUI lawyer can use to sow reasonable doubt in your impaired driving charge. 

So, where you seek the help of a DUI lawyer on time and the provided evidence favors your defense, you indeed can avoid a serious DUI penalty.

Round-the-clock, Battle-tested Dmpaired driving Defense

Most DUI cases happen at night, which is a time of day that most professionals are either resting or sleeping at home. So it can be tough to get a good DUI lawyer who will always come to your aid, whatever time of day it is. 

At De Sa & Associates, our lawyers are always on call. Our DUI lawyers have actual courtroom experience in Toronto and across the GTA, having argued many DUI cases in court. We believe your best chances with a DUI case are when you are able to get immediate legal help, a promise that we have stacked our reputation on. 

Instead of refusing to give a breath test at the station and risking a ‘failure’ charge, you can call us the moment you are questioned for impaired driving. Even if it’s in the dead of the night, you can be sure a competent DUI lawyer from our team will answer your call and come to your aid. 

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