charged with impaired driving in toronto

What Happens When You Refuse A Breath Test

April 25, 2017

If you ever find yourself being pulled over in Toronto for impaired driving, the officer is likely to ask you to take a breath test. If you refuse or fail to provide a breath sample, you can be charged with refusing or failing to provide a breath sample. Keep reading to find out why.

Can a Breath Test Be Refused?

No, if a police officer makes a lawful demand for you to provide one or more samples of your breath, you do not have the right to refuse or fail to do so because your refusal or failure to provide a breath sample is a criminal offence, contrary to Section 254(5) of the Criminal Code and this offence carries the same consequences as “blowing over” or impaired operation or impaired care or control of a motor vehicle.

When Can a Police Officer Demand a Breath Test?

There are two types of breath demands which a police officer can make. The first type is often called an “Approved Screening Device Demand” or “Roadside Breath Demand”. An officer can lawfully make it, pursuant to Section 254(2) of the Criminal Code, if he/she has a reasonable suspicion that the person being investigated has alcohol or a drug in their body and has operated or had care or control of a motor vehicle, boat, etc. within the past 3 hours. This type of breath test is usually administered at the roadside.

The other type of breath demand is often called the “Approved Instrument Demand”, “Intoxilyzer Demand” or “Breathalyzer Demand”. An officer can lawfully make it, pursuant to Section 254(3) of the Criminal Code, if he/she has reasonable grounds to believe that the person is committing or within the past 3 hours has committed an offence under Section 253 (i.e. impaired operation or impaired care or control of a motor vehicle). This type of breath test is usually administered at the police station or hospital if the person has been taken to a hospital.

Penalties for Refusing the Breath Test

The penalties for refusing or failing to provide a breath sample are exactly the same as those for impaired driving, impaired care or control, “over 80” or “blowing over the legal limit”. In other words, if you are charged with refusing or failing to provide a breath sample, your driver’s license will be automatically suspended for 90 days by the Ministry of Transportation. If you later plead guilty or are found guilty after a trial, then you will have a criminal record and:
1. for a first DUI conviction, a mandatory fine of at least $1,000 plus a driving prohibition of 1 to 3 years;

2. for a second DUI conviction, a mandatory jail sentence of at least 30 days plus a driving prohibition of 2 to 5 years; and

3. for each subsequent DUI conviction, a mandatory jail sentence of at least 120 days plus between a driving prohibition of 3 years to life.

Can I Fight This Charge?

Yes, you can fight this charge. The police do make mistakes when laying this charge which can result in it being dismissed or withdrawn. This is something that should be discussed with your criminal defense lawyer.

Did you refuse or fail to provide a breath sample? Were you charged with impaired driving in Toronto? Find out how to fight it with the help of Erickson Law. Call (416) 363-3612 now!

Crossing the US/Canadian Border with a DUI Offense

March 24, 2017

It shouldn’t come as a surprise that having a driving under the influence (DUI) conviction on your criminal record will negatively affect your life in many ways. It can affect your ability to find a job, get insurance, and even rent an apartment. However, many people don’t usually consider how a DUI affects their ability to travel. Depending on where you are headed, you may be denied access to the country you are planning on entering. Keep reading to find out how a DUI conviction can affect your ability to cross the American/Canadian border.

Crossing into the U.S with a DUI

One thing many people don’t always consider when traveling with a criminal record is if they can cross the border with certain offenses on their record. A U.S. Border Guard has a great deal of discretion when deciding whether to allow or deny entry to anyone.

This begs the question: if you have a DUI conviction on your criminal record, how likely is it that you can cross the American/Canadian border? Most Canadians who have a DUI conviction on their criminal record can usually enter the USA without needing a waiver. But just because it doesn’t happen often doesn’t mean it can never happen, as the final decision to allow you entry rests with the U.S. Border Guard who deals with you.

Moreover, having other criminal charges on your record in addition to a DUI conviction reduces your chances of being allowed entry into the USA without U.S. Travel Waiver. If you intend to enter the USA but have another conviction on your record, it is best to call an American immigration lawyer or the U.S. Customs and Border Protection Office well in advance of travelling to determine if you need a waiver or not. The waiver application process can be lengthy (up to a year) and requires a fee of $585.00 US per application.

Another option that you have is to get a record suspension on your DUI. Many people are unaware that they can remove a DUI from their record. A record suspension for a DUI can’t be done until at least five years after your sentence has ended and all fines, etc. have been paid. As well, you also must not get another DUI during that period. It’s recommended to start your application for a record suspension as soon as you can because the process can take 12-20 months, and you will need to make sure that have prepared all the necessary paperwork. You can be denied a record suspension; hiring a criminal defense lawyer is your best option when applying for one, as your lawyer will not only help make the process easier but it will also maximize your chances of getting the results you need.

Crossing the Canadian Border with a DUI

While Canadians usually do not have difficulties crossing into the USA with a DUI, it may be a surprise to many Americans that Canada takes DUI offenses very seriously and that entering Canada can be difficult for American travellers with DUI convictions.

It doesn’t matter if you are driving, are a passenger in another person’s car or are taking public transit (such as a bus or a ferry) to enter Canada, you may be denied entry to Canada if you are an American with a DUI conviction. It does not matter if your DUI offense was classified as a felony or misdemeanor. It also does not matter if you are trying to enter Canada for a special event. In fact, the former American President George W. Bush had to get a waiver to enter Canada because of his DUI offense in Maine in 1976. If you are planning to visit Canada, it is best to call the Canada Border Services Agency ahead of time to determine if you need a special waiver or not.

**What You Shouldn’t Do When Crossing the Border with a DUI**

There are a few things that you shouldn’t do when trying to cross the American/Canadian border with a DUI conviction of your criminal record. First, don’t lie. American and Canadian Border Guards have access to each other’s police databases and if they catch you lying or misrepresenting your criminal record, they can immediately bar your from entry for that reason alone.

Another thing you should not do if you have been denied entry is try to cross again at another point of entry on the same day. While you might think that you’ll have a better chance with another Border Guard, their computer databases are usually updated immediately and will be visible at all ports of entry. If you are caught trying to evade the system, you may be banned from crossing the American/Canadian border for the rest of your life.

Lastly, if you are traveling with others and they know that you have a DUI, they could also be deemed inadmissible if they are aware of your record and your intent to hide it. They could even face criminal charges for helping you hide it. It is in everyone’s best interest to be honest and follow the laws of the country they are travelling to.

Looking to get a Record Suspension for your DUI? At Erickson Law, we not only have been successfully defending DUI charges for years but have also successfully gotten record suspensions for prior DUI convictions. If you need to speak with a lawyer now, call (416) 363-3612.

What Happens if I Have a DUI on my Criminal Record?

March 8, 2017

A DUI on your Criminal Record not only has serious repercussions on your ability to drive but can also have serious consequences in terms of cost of insurance, choice of careers, foreign travel, housing, and Family Court proceedings.

If you or someone you know has been arrested for a drinking & driving related offense, get the legal representation you need with a DUI lawyer in Toronto. John Erickson has decades of experience with impaired driving offenses and offers free consultations for those in need. Call (416)-363-3612 now.

A DUI on Your Record

It is a criminal offense to operate a motor vehicle or have care or control of a motor vehicle while your ability to operate it is impaired by alcohol or while your breath alcohol concentration (BAC) is over 80 mg of alcohol per 100 mL of blood.

It is also a criminal offense to refuse or fail to provide a breath sample when a police officer makes a valid demand for a sample of your breath.

If you are charged with any of these criminal offenses in Ontario, your driver’s license will be immediately suspended for 90 days.

The consequences for pleading guilty or being found guilty after a trial are severe. For your first DUI conviction, you will receive a fine of at least $1,000 and a driving prohibition for at least one year. For a second DUI conviction, you will receive a jail sentence of at least 30 days in jail and a driving prohibition of at least two years. For a third DUI conviction, you will receive a jail sentence of at least 120 days and a driving prohibition of at least 3 years.

The Effects of a Criminal Record

Being convicted of a DUI also means that you will have a Criminal Record. What does that mean? In short, it means that there will be a record of your name, offence, fingerprints, and other personal details about you in the RCMP database. A Criminal Record is permanent and stays with you for your entire life unless you apply for and are granted a Record Suspension. However, a Record Suspension can be lifted if you are found guilty of any further criminal offences in the future.

Having a Criminal Record can:

Limit your employment prospects
Affect your ability to travel outside Canada
Make it difficult to find housing as most landlords require background checks
Can impact your ability to gain custody or access to your children
Exponentially raise your car insurance premiums

Background checks for job applications are becoming more common, especially for jobs in fields such as real estate, banking, teaching, nursing, law enforcement, child care, and medicine. If you have a Criminal Record, it is quite possible that you will be passed over in favour of another applicant who does not.

Many countries such as the United States restrict the ability of people who have Criminal Records to enter their countries. Therefore, having a Criminal Record may affect your ability to travel outside Canada.

In a tight housing market, having a Criminal Record may also affect your ability to find housing as landlords may require background checks and could decide to pass over your application in favour of someone who does not have a Criminal Record.

Having a Criminal Record may also affect your rights as a parent if you and your spouse are involved in divorce proceedings. If you have a DUI on your Criminal Record, it is quite possible that your spouse may argue that you cannot be trusted to properly care for your children if left unsupervised.

Having a DUI on your Criminal Record will also cause your insurance rates to be raised exponentially.

Need a DUI lawyer in Toronto right now? Erickson Law has been successfully defending DUI charges for years. Contact us at (416) 363-3612.

Do I Need a DUI Lawyer, or Will any Regular Lawyer Do?

January 13, 2017

If you are in the process of defending yourself against a DUI charge, who will you choose for assistance? It is easy to assume that any defence lawyer will have the knowledge and skill to defend your case but, in reality, that is not true. DUI cases are very technical. You will likely need a defence lawyer who specializes in DUI cases to emerge successful.

What Happens if I’m Charged with a DUI?

Even if you have never been charged before and do not have a prior criminal record, a conviction for DUI will result in you being sentenced to a hefty fine (of at least $1,000) and driving suspension for at least one year. Any further DUI convictions will result in you being liable to mandatory jail sentences of at least 30 days for a second conviction and 120 days for a third plus increased driving suspensions. As well, it is important to remember that a conviction for a DUI charge means you will have a criminal record, which may affect your personal and professional life. It also means you can expect your insurance premiums to skyrocket.

Can I Use a Defence Lawyer?

While it might seem easy to find a lawyer to defend your DUI charge, you’ll quickly see that not many lawyer have the experience and skill to defend DUI charges. Drinking and driving charges are very technical and complicated so they are best handled by a defence lawyer who has the experience and skill to defend them.

Need a DUI defence lawyer in Toronto NOW? Call John Erickson and be represented by only the best! Contact us at (416) 363-3612!

Ontario Toughens up on Drug-Impaired Driving Charges

December 30, 2016

Starting on October 2, 2016, Ontario implemented much tougher drug-impaired driving penalties under its Highway Traffic Act. Erickson Law is here to break down the penalties for drug-impaired driving! Read our blog below and stay up-to-date with provincial driving laws. Need a defence lawyer for your impaired driving charge? Contact John Erickson today at (416) 363-3612 for immediate legal representation!

Drug Related DUI Charge Changes

Drivers suspected of driving while under the influence of a drug will be subject to a $180 fine on their first charge and an immediate 3-day license suspension. Second time offenders will be subject to the same fine and an immediate 7-day license suspension. For a third or subsequent occurrence, you will be subject to the same fine plus an immediate 30-day licence suspension.

As well, a driver who is stopped for driving while impaired by a drug may also be charged under section 253 of the Criminal Code. If that happens, then you will be subject to an immediate 90-day licence suspension under the Highway Traffic Act and, if convicted, subject to the same penalties as if convicted for driving while impaired by alcohol.

Driving Education & Ignition Interlock

If you are charged with two or more drug-impaired driving charges within the last 10 years, you will be required to complete a mandatory education course or a treatment program and forced to install an ignition interlock system in your vehicle.

Why The Change?

According to the Office of the Chief Coroner, 39% of drivers killed on Ontario roads in 2013 had either drugs or a combination of drugs and alcohol in their system. The concern is that if marihuana is legalized in Canada, these numbers will only continue to rise without adequate safeguards and legislation.

Charged With A DUI? Call John Erickson

Charged with a drug-impaired driving charge? You need legal representation now! Call Erickson Law for affordable legal representation that does not compromise on quality.

Get representation for your drug-related driving charge today! Call John Erickson at (416) 363-3612 today.

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Category: Criminal Defence Lawyer