Jonathan Lapid

DUI Lawyer

Brampton DUI - What Should I Do Next After My DUI?

The first thing that most people experience when they are going through their DU is fear and anxiety. Getting a DUI can have serious consequences on your life.
Driving under the influence of either drugs or alcohol will result in a DUI. It doesn’t matter what type of vehicle you’re driving. You can be driving a:

  • Car
  • Boat
  • Snowmobile
  • Motorcycle

There are a couple of common signs that someone is impaired:

  • The smell of alcohol on someone
  • Having slurred speech
  • Having balance difficulties
  • Driving is poor

The law surrounding DUI charges is quite complex and there are many different factors involved in it. No matter what, you shouldn’t plead guilty in your case. If you do plead guilty, then you’ll have a lot of limitations in what can be done.

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Explaining Types of DUI Charges

Types of DUI charges

  • Impaired Driving – being inebriated by drugs (legal or illegal) while operating a vehicle
  • Having 80+ mgs of alcohol in 100 millilitres of blood while behind the wheel
  • Refusal to provide a breath sample
  • Impaired care or control

Exhibiting traditional indicia (i.e. indicators) of impairment are at the centre of strictly impaired driving prosecutions.

The most prevalent indicators are:

1. the smell of alcohol

2. slurred speech

3. poor balance

4. bad driving

These are confusing cases because of the abundance of impaired driving definitions in the criminal code.

The wide-ranging umbrella of these types of DUI charges means there are several facets involved in each individual case. You should never, under any circumstance, plead guilty. This way, you won’t limit your options.

Section 253 (1)(b) of the Criminal Code dictates that you’re prohibited to drive with over 80mgs in 100mls of blood, by law. There must be two separate breath samples taken, at least 15 minutes apart at the police stations. The lower of the two must show an alcohol concentration over 80mgs.

The Crown struggles to prove Over 80 charges, making it essential to hire an attorney if you’re facing such a charge.

In order for the Crown to successfully convict you for ‘refusing or failing to comply with a breath demand’, they have to prove a driver’s said refusal/failure was ‘final and equivocal’.
A couple of common examples of this infraction are simply saying ‘no’ or pretending to blow in the contraption. The court might be able to prove without a doubt that you did this, but even then, you have options such as ‘having a reasonable excuse’. These options have led to many successful defences in the past.

What Are The Consequences Of A DUI?

Being charged with a DUI is a serious offence, and if it’s your second or third offence, then the charges will be even more strict and severe than the first one. Here are some consequences of a DUI:

  • You’ll have a criminal record
  • You could lose your job
  • You’ll lose your driver’s license
  • You’ll be facing jail time
  • Fines
  • Probation
  • Your insurance premiums will rise
  • You’ll have a difficult time with immigration
  • Your future career paths could be affected
  • You won’t be able to travel to specific countries, such as the United States
  • Your conviction could be reported publicly

No matter what, you will want to do everything you possibly can to get out of DUI charges, and the first step is to get an experienced lawyer to guide you through your case. With all of the consequences associated with a DUI, simply pleading guilty is the absolute worst decision you could possibly make.

DUI is a Criminal Offence

There is No Time to Waste if You Are Charged With a DUI

One mistake isn’t worth a lifetime of headaches. But your first DUI can really impact your criminal record, take a toll on your finances, and really hinder your employment.

Get an Honest Opinion About Your Case

One mistake isn’t worth a lifetime of headaches. But your first DUI can really impact your criminal history, take a toll on your finances, and really hinder your employment.

The Advantages of Speaking with
Jonathan Lapid

  • One of the Highest Success Rates
  • Free Initial Honest Case Assessment
  • Reasonable Fees With No Hidden Costs

  • Successfully Defended Hundreds of Clients
  • Criminal Lawyers Rely on Him for DUI Advice
  • Jonathan Himself Has 25 Years of Experience

Do You Have Questions Regarding a DUI or DWI?
Check Out This Insightful FAQ

What’s the difference between a DUI and a DWI?

'DUI' refers to driving under the influence and 'DWI' refers to driving while impaired or intoxicated. Both of these terms sometimes get intermingled between each other, but they are different. In Canada, the blood alcohol content (BAC) is 0.08. If you go over this legal limit, then you'll be charged with a DUI after you go through the applicable sobriety tests. With a DWI, you could be charged just based on your actions. You could still be well under the level BAC limit and get charged with a DWI. In most cases, the police officer at the scene of the incident will be responsible for the DWI charge.

As a first offender, what will my punishment and/or sentencing look like?

There are a couple of consequences you'll face if it's your first being charged with a DUI or DWI. You'll be charged a fine of $1,000 if your BAC is over the legal limit; You could be charged $250 for a DWI; You could potentially face a month in jail; Your license will be suspended. If your DUI didn't result in any harm to anyone on the road, then there is a chance that the sentencing could result in more lenient terms. If your DUI charge did end up causing bodily harm or death, then you could be subject to lengthy prison time.<br />

If I get a DUI, am I facing possible jail time?

Yes, first time offenders are facing the possibility of up to 30 days in jail. For second time offenders, you are facing up to 60 days, and for third time offenders, 120 days. These details are largely related to those who commit offences without harming or injuring anyone. For offences that include damage or bodily harm to others, the sentencing is likely to be as high as 10 years in jail or prison. Jail and prison time sentencing is largely up to the discretion of the crown lawyers and the presiding judge. Although the possibility looms, it is not certain that you will be sent to jail or prison.

How long will a DUI remain on my record?

A DUI or DWI charge will remain on a person’s record until a pardon is obtained. A pardon from the Federal government can be obtained five years after the initial charge, or after your jail time sentence is carried out. It’s important to note that many people start the pardon process early. You will be required to fill out a pardon application, which may take up to a year to compile. Once you’ve compiled this application, ensure that it is perfect and pristine. Applying a second time is very difficult to do, and will cost you valuable time and effort.

Do I need to hire a lawyer if I’ve received a DUI charge?

Some people like to think they can go through a DUI case alone, and that's when issues start to arise. DUI legislation is a very specific part of the law that not every lawyer and person is experienced in. No one wants to be attempting to navigate something that will impact their future so severely. It would be like walking through the dark without a flashlight while trying to avoid potholes. Crown lawyers usually go for the most stringent sentencing as possible, given that a DUI charge is a serious offence. If you think you have some evidence that could help with your case, you'll want to bring that up with a Brampton DUI lawyer. With Jonathan Lapid, you're getting an experienced lawyer that can provide a great range of insight into your case. His clients are his priority, and with Jonathan Lapid, you'll have a much higher success rate than going alone or with any other lawyers, for that matter.<br />

How long will I go without a license if I receive a DUI?

If you are a first time offender, you may have your license suspended for up to 1 year. If you’re a second time offender, your license may be suspended for 1 to 5 years. If you’re a third time offender, you’re looking at a virtually certain lifetime suspension. In order to get your license back sooner than originally sentenced, you’ll need to partake in various educational courses in regards to driving. You may have to retake your drivers examine (by redoing the graduated G license process), however, the wait times in between each phase will likely be reduced drastically. Are you facing a license suspension? Have you received a DUI? Perhaps Jonathan Lapid can help you out! Jonathan is an experienced Canadian lawyer who’ll fight for your right to drive. Everyone deserves a second chance. Johnathan is devoted to maintaining his client’s happiness, even if that means sacrificing his valuable time to fight your battle. Call Johnathan Lapid today for a free consultation, free of charge!

How many drinks does it take to pass the BAC threshold?

The answer to this question is quite dynamic, for several factors come into play. Firstly, your body mass is incredibly important. Obviously a 250 pound man will need far more alcohol than a 130 pound woman. Also, the type of drink you are ingesting is incredibly relevant. For example, a glass of wine won’t have the same alcohol level as a beer. Different types of beer contain different amounts of alcohol. Another factor when it comes to passing the threshold is how much you’ve had to eat before hand. For example, if you’re drinking on an empty stomach, the alcohol will enter your bloodstream at a far faster rate than after having eaten. A full stomach is bound to reduce the amount of alcohol absorbed into your bloodstream. As you can tell, the answer to this question is very dynamic, and relies on the factors on display.

Jonathan Lapid - DUI Industry Leader

Jonathan Lapid is an experienced Brampton DUI lawyer that will do whatever he can to help you through your case. He has over 25 years of experience and a solid track record of assisting people going through DUI cases.

If you’re looking for a Brampton DUI lawyer, call Jonathan Lapid.

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