Kingston DUI Charges Defence

What To Do If You’re Facing DUI Charges in Kingston, ON

There has recently been an increase of convictions for different types of DUI charges in Kingston courts. This has contributed to DUI charges becoming the largest single offence in Ontario and drinking and driving cases are more likely to be sent to trial than any other criminal offence. The reason is that at trial, these cases are often contested on highly technical grounds based mainly on police violations where Sections 8, 9 and 10 (b) of the Charter of Rights and Freedom are cited in our client defence.

As a respectable Kingston DUI charges defence lawyer, we have many years of experience in successfully defending our clients who have been charged with a DUI. We have shown and assured consistent results, largely due to our vigorous cross examination of prosecution witnesses as well as our ability to target technical insufficiencies. Contact us immediately if you are facing charges for a DUI in Kingston, ON. The earlier you get in contact with us the better.

This, by far, is the most common of all the different DUI charges in Kingston, ON. A police officer can demand a person to provide breath samples into an approved instrument if there is reasonable ground to suspect that he/she has committed an offence under Section 253 within the last three hours due to alcohol intake. The cutoff level is 80 milligrams in 100 milliliters of blood and this evidence is used against you if taken to trial.

However, when defending our clients in Kingston, we try to establish a through cross-examination of prosecution witnesses and we utilize the presentation of other evidence proving that the taking of breath samples may have violated s8 (protection against unreasonable searches and seizures) of the Charter of Rights and Freedom. Hence we may argue that the evidence should be excluded under s 24(2) of the Charter.

Do Not Hesitate To Contact Us If You Have Received A DUI Offence in Kingston

Additional Drug Evaluations When Charged with DUI in Kingston

When a road side evaluation indicates an over 80mg BAC, a police officer has reasonable ground to suspect that the offence committed within the previous three hours was also due to the consumption of drugs or a combination of drugs and alcohol. This is articulated under Section 253 and in this case a demand can be made on the accused to submit to an evaluation by the officer.

If the evaluating officer feels that the person is impaired by drugs or a combination of drugs and alcohol, an approved instrument demand will be made. There may also be a demand for blood and urine samples and it is also important to note that the statute also regards fatigue toxins as a type of drug.

Additional Sobriety Test Demands if Facing DUI Charges in Kingston, ON

When a Kingston police officer is in doubt as to whether a person has consumed alcohol or drugs and that he/she has been in control of a vehicle in the past three hours, a demand can be made for additional physical coordination tests to check for sobriety. Based on these tests, further demands can be made by the officer such as the demand for the use of approved instruments, a blood demand or a drug evaluation demand after which the DUI charges will be validated.

Use of approved screening instruments is crucial for testing whenever one is facing charges for a DUI in Kingston, Ontario. These devices are calibrated in a way that displays “fail” if the BAC is above 0.1%, “caution” if between 0.05 and 0.1 percent and a numerical value if the BAC is below 0.5%. Turning down a lawful demand for a breath test by a driver is also a criminal offence unless a reasonable excuse to do so is given.

Choose An Elite Kingston DUI Lawyer to Fight Your DUI Charges

Whenever you are faced with different DUI charges, the best option is to get in touch with a Kingston DUI charges defence Lawyer. We have experienced attorneys who have consistently delivered favorable verdicts to clients facing different DUI charges in Kingston, ON. Our investigative team will even visit the site of the incident to get first hand reports which helps us determine any inconsistencies in the prosecution evidence or disposition by witnesses. Contact us today for more information.