Jonathan Lapid

DUI Lawyer

Did You Just Get Your First DUI Charge?

It’s a very reasonable response to panic in the face of your first DUI charge. For one thing, there might be some extreme consequences to every facet of your life. 

Everybody makes mistakes and there’s no reason to let your entire life go to shambles as a result. 

What is DUI or DWI exactly? If you operate an automobile, boat, snowmobile, or motorcycle (or any other motorized vehicle) under the influence of alcohol or drugs, the infraction is known as a DUI. Or ‘driving under the influence’

FIND OUT HOW TO WIN: 
647-797-5256

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.

Consequences of a DUI Charge

A DUI charge in Ontario is nothing to scoff at.

Whether a charge is a first, second, third, or subsequent offence, you’ll be faced with a variety of potential penalties.

This is a daunting list of possible DUI consequences that you may be facing. But you’re innocent until proven guilty. Make sure to hire a competent, skilled DUI attorney that will do everything possible to get a dismissal or acquittal.

  • Criminal Record
  • Loss of job and driver’s licence
  • Jail time, hefty fines, and probation
  • A dramatic increase in insurance premiums
  • Will be difficult to immigrate and apply for citizenship
  • You’ll be ineligible for certain career paths
  • Won’t be able to visit certain countries (such as the U.S.)
  • Might have conviction reported publicly

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?

To put the two offences into perspectives, you must first understand that they are both acronyms. “DUI” stands for “Driving Under the Influence”, and “DWI” stands for “Driving While Impaired” OR “Driving While Intoxicated”. Although the two are very similar, they are different. Canada has a set Blood Alcohol Content (BAC) threshold that you cannot pass. This value has been set to 0.08 by the Federal Government. If you surpass this threshold, you are to be charged with a DUI upon proper sobriety testing. A DWI on the other hand, can be handed out without passing Canada’s BAC. The important detail to pay attention to here is impairment. If you’re impaired to the point of putting the general public in danger, you will be charged with a DWI. This means that you can be under the BAC threshold, and still be charged. This charge is largely up to the discretion of the officer on scene. It’s very important to note that if you’re above the BAC, and are not impaired, you will still be charged with a DUI, as stated in Federal law.

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

As a first time offender and recipient of a DUI and/or DWI, you will be subject to an array of punishments. The first being a $1,000 fine. This fine is only applicable when the party charged is registered above the BAC. If you are charged with a DWI, meaning below the BAC, you may be facing a charge of up to $250. Upon receiving a DUI or DWI, you may be subject to up to 30 days in jail. This punishment is largely up to the discretion of the presiding judge as well as the crown lawyers. Lastly, your license may be suspended or revoked. Details surrounding the final punishment possibility are once again to be determined by the judge and crown lawyers. A DUI without causing harm will provide a lenient sentencing, where as a DUI with harm caused could land you in prison for years. The discretion of the presiding judge is once again relevant to this particular situation.

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?

The answer depends on your specific situation. If your BAC wasn’t all that higher than the threshold, and you’re planning on pleading guilty, a lawyer won’t be able to help all that much. However, if your BAC was incredibly high, or you injured yourself or someone else while under the influence, hire a lawyer immediately. When situations like this occur, the crown lawyers will often push for harder sentencing. Also, if you have evidence that may alleviate some of your punishment, or acquit you completely, hire a lawyer immediately. Looking for a fantastic dui lawyer to fight your DUI charge? Hire Jonathan Lapid today! He’s experienced, caring, and incredibly insightful. You will be his number one priority, and nobody and nothing will change that. Let Jonathan Lapid win your case. Call today for a free consultation, no strings attached!

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 a DUI lawyer and industry expert in the GTA with over 25 years of experience. A few years ago, a Brampton police officer called Jonathan to defend him on a DUI charge. Jonathan asked him how he found him and the officer said that after asking his police friends who they lose to in court, it was Jonathan’s name that popped up again and again.

 

He has represented an NHL player, a Canadian Olympic athlete, police officers, lawyers, doctors, prominent senior executives, pilots and flight attendants, limousine drivers, factory workers and many other hard working Canadians.

 

If nothing else, this tells you that he’s built a track record others take notice of and there’s a reason why even the highest profile individuals choose him as their DUI lawyer.

Give Us a Call to Get The Defence You Deserve

4950 Yonge Street, Suite 2225, Toronto, ON M2N 6K1

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