Losing your driver’s license, even if only for a temporary period of time, can be devastating. Daily tasks such as picking up the kids from school, buying dinner, or even getting to work suddenly become extensive, stressful, and even impossible chores. If you are stopped for drunk driving, you may face these overwhelming effects of license suspension.
Refusing a breathalyzer test and DUI are both offenses that will result in the temporary loss of your license. You can fight these charges and defend your driving right with the help of a qualified DUI lawyer Toronto.
DUI and Breathalyzer Refusal Penalties
If you are pulled over for drunk driving and refuse to take a breathalyzer test, then you face the automatic suspension of your driver’s license for up to one year. If you take the test and are charged with DUI, then you may have your license suspended for up to 6 months. For second, third, and subsequent DUI offenses, your license could be suspended for up to two or three years.
DUI/DWI Extreme Cases Do's & Dont’s:
Do — Ask to speak with an attorney, if you do not have an attorney ask for a telephone book.
Do — Show your driver’s license, registration and proof of insurance.
Do — Be courteous and polite with a police officer. It is usually a good idea to take the breath or blood test because if you refuse you will lose your driver’s license for 1 year, rather than 30 days suspension followed by a 60 day restricted license. Also, the police may get a telephonic search warrant and take your blood by force.
Don't — answer any questions about how many drinks you had or if the drinks affected your driving.
Don't — Take the eye test.
Don't — Admit anything or take coordination tests.
Don't — Try to talk your way out of the situation or be rude the police officer.
Effective DUI Defense: What Works
Start with "the stop" — Profiling and random stops, for no reason, are as illegal as DUI itself. If the police officers did not have probable cause to stop you in the first place, the prosecution's case falls apart.
Are field sobriety tests reliable? — There are only three field sobriety tests with an acceptable level of scientific reliability. The problem for prosecutors is that these tests are sometimes administered incorrectly by officers. And if the test was not done right, the results are suspect at best.
Breathalyzer results — A Breathalyzer is a machine, nothing more, nothing less. It will only work properly if it has been properly maintained and calibrated. Examination of the machine used to test you and of its maintenance and calibration records may reveal critical errors that will aid us in your DUI defense.
Blood tests — Scientific evidence is very sensitive. If protocols are not properly followed at every stop along the chain of custody, from the blood draw to the end result, the evidence can be considered suspect and effectively challenged by an experienced DUI defense attorney.
Procedural mistakes — Did the officers read you the implied consent statement before your breath test? Were you given a Miranda warning? Did they ignore your requests to speak with a lawyer? These are important questions that need to be answered.
Unlike most defense attorneys, I do not usually charge additional attorneys fees if a trial is necessary in your case.