Kitchener BAC Legal DUI Limit
Legal DUI Blood Alcohol Levels in Kitchener, Ontario
Due to the severe and harsh punishments handed out to Kitchener DUI offenders charged with impaired driving, it is always advisable to contact an experienced and reliable drunk driving lawyer.
What Is The DUI Legal Limit BAC Level in Kitchener, Ontario
There are very strict laws about “impaired” driving in Ontario which leads to stiff fines and penalties both under Federal law and provincial law. It is a criminal offence to drive with a blood alcohol concentration (BAC) of 0.08mg. If you get pulled over for an offence that is beyond the limits of the DUI Blood Alcohol Level set by the law, then the first thing you should do is to contact a reputed and experienced DUI lawyer who will represent you at trial.
Our team of experienced Kitchener DUI lawyers will plead your case based on technical grounds such as the violations of Charter Rights and inconsistencies in the evidence provided by the prosecution as well as the cross examination of witnesses. Our Lawyers have delivered consistent and recommendable results on behalf of our clients over the years.
What Section 253(1) of The Criminal Code States About DUI BAC in Kitchener
Section 253 (1) is based on “impaired driving” and states that ““Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not.”
While Section 253 (1) (a) is about driving under influence of drugs and/or alcohol, 253 (1) (b) lays down limitations on DUI BAC. It says that the Blood Alcohol Concentration (BAC) of the person driving or in care and control of the vehicle should not exceed 80 mg per 100 ml of blood.
Do Not Hesitate To Contact Us If You Have Received A DUI Offence in Kitchener
Types Of DUI Charges:
Consequences Of A DUI:
Establishing Charges For Breaching The DUI Legal Limit BAC in Kitchener, Ontario
Establishing charges of transgressing the DUI Legal Limit is based primarily on the observation of the investigating officer. The prosecution depends on such evidence as well as a cross examination of witnesses. This is the reason why the over 80mg charge is one of the most evenly contested cases in the courts of Kitchener, Ontario.
Moreover, there are a lot of intricacies in the collection of samples. The law stipulates that the first sample of blood should be taken not later than 2 hours of the incident and subsequent samples should be taken at 15 minutes intervals.
Legally Approved Instruments to Measure The Legal DUI Limit in Kitchener
A major part of the prosecution case for establishing the legal DUI limit infringement depends on the use of an approved instrument for collecting breath samples. The instrument is calibrated to show a numerical value if the BAC is below 0.05% and “caution” if it is between 0.05 and 0.1 percent. It shows “fail for all instances over 0.1%. This instrument has to be handled by a qualified technician whose findings will be admissible in court as evidence.
At the same time, if the accused refuses to go through with the tests, the Crown has to prove that a proper demand for conducting the test was made and understood by the accused and that the accused intended not to provide a proper sample.
Fines and Penalties for Exceeding The Legal DUI Levels in Kitchener, ON
A person convicted from a DUI arrest in Kitchener can face a jail term, a drivers license suspension, a probation order as well as several fines. In Canada there are different laws in each province that allows the province to impose their own penalties. Therefore a punishment for an offence in Kitchener, Ontario will not be the same as that of other provinces. In Kitchener the minimum punishment for crossing DUI levels is:
- 12-month driving probation and $1000 fine for a 1st offence.
- 24-month driving probation and 30 days in jail for the 2nd offence.
- 36-month driving probation and 120 days in jail for 3rd and subsequent offences.
Hire A Kitchener DUI Lawyer If You’ve Breached The DUI Legal Limit
Our team of Kitchener DUI lawyers contest cases like a breach of the DUI legal limit in the courts of Kitchener and Ontario on highly technical grounds. We understand that it is the duty of the Crown Attorney to prove you guilty, so we focus primarily on charter issues. These include( s 9) arbitrary detention, (s 10) (a) right to be informed of the reason why and (s 10) (b) right to counsel. In cases where the officer pulls you over without a search warrant, we will raise issues on (s 8), unreasonable search and seizure. These chapters of defence have helped us to consistently defend our clients charged with crossing the legal DUI limit. Contact us for more information.
Adam Little received his LL.B in 2006 from Osgoode Hall Law School and has lectured at numerous educational conferences for the Law Society of Upper Canada and for the Criminal Lawyers’ Association of Ontario. Mr. Little's exceptional knowledge of the law as it pertains to driving related offences has been observed at the highest levels of court in Canada. Mr. Little has conducted both trials and appeals, at all levels of court in Ontario. Watch the video below as Adam carries out an appeal at the Supreme Court of Canada.
Kitchener DUI Defence Attorney
