Hamilton Alcohol and Driving Laws

An Overview of Alcohol and Driving Laws in Hamilton, Ontario

Laws related to alcohol and driving are very strict in Hamilton, leading to fines, jail terms or both. It is an offence under the Criminal law, and for offenders, it has long term repercussions on their future lives. Hence if you are arrested in Hamilton, Ontario for an offence of driving with blood alcohol limits above that permissible by law, the first thing that you should do is to get in touch with an experienced DUI lawyer who is familiar with the DUI process in Hamilton.

We at Hamilton DUI Lawyer have an experienced team of DUI lawyers, trained in this particular aspect of the law. We will fight the charges based on technical grounds that include violations of Charter of Rights and contradictions in evidence gathered by the prosecution and submitted at trial as well as the cross examination of witnesses. We have over the years used this line of defence which have always shown consistently favorable results.

The laws related to drinking alcohol and driving in Hamilton are very specific and stringent.
Section 253 (1) is related to “impaired” driving and clearly 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.”

In the relevant subsections to this clause, Section 253 (1) (a) is about driving under the influence of drugs and/or alcohol and Section 253 (1) (b) is about blood alcohol concentration. Notably, the Blood Alcohol Concentration (BAC) of anyone in care or control of a vehicle should not exceed 80mg per 100ml of blood.

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

Hamilton Alcohol Drinking and Driving Legal Limit

Determining the charges for crossing the DUI legal limit that leads to arrest is primarily based on the observations of the investigating officer. The prosecution on the other hand also bases its case on such evidence as well as a cross examination of witnesses. Since the trial rests on technical grounds, these “over 80” cases are evenly contested and you always have a reliable chance of being acquitted. It is thus very crucial that you get in touch with an experienced DUI lawyer who will defend the case on your behalf.

Nevertheless, the law related to alcohol drinking and driving has to be precisely followed. It is stipulated that the first sample of blood used in the investigation to evaluate BAC should be taken not more than 2 hours after the incident and subsequent samples should be at the interval of 15 minutes. Deviating from this norm can weaken the prosecution case.

With the assistance of a reliable and well informed lawyer, you will increase your chances of beating your alcohol and driving case. Get in touch with our Hamilton DUI Lawyer and be confident that your case will be handled by professionals.

Since the charges for alcohol and drunk driving should be based on accurate findings of BAC, the laws related to devices for measuring breath samples are precisely defined.

The breathalyzer instrument is calibrated in a way that it will 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.
If an offender refuses to give breath samples and go through a trial, the onus of proving the offence rests with the Crown. It has to be proved in a court of law that a proper demand was made and that the accused fully understood the request and the refusal of providing the samples was intentional.

Hamilton Alcohol and Drinking & Driving Penalties

Penalties for alcohol and drinking & driving in Hamilton, ON are quite severe and the extent of penalties and fine increase with every additional offence.

For First offence –

• 12 month driving prohibition and $1,000 fine.
• If no one is killed or hurt and the Crown proceeds by summary conviction, the maximum sentence will be 18 month jail term.

For Second offence –

• 30 days in jail and a 24 month driving prohibition.
• If no one is killed and the Crown decides on summary conviction, the sentence will be 18 months in jail.

For Third offence –

• A 10 year- lifetime licence suspension.
• A fine that will be decided based on the judge’s discretion.
• A minimum of one hundred and twenty days of jail time and the days may increase depending on the discretion of the judge.

Nevertheless, it is important to keep in mind that the quantum of sentencing varies based on bodily harm or injuries or death caused due to alcohol and drunk driving.

Experienced Defence Lawyers for Alcohol and Driving Charges in Hamilton, Ontario

Get in touch with our Hamilton DUI Lawyer if you are faced with charges or when you are arrested for alcohol and driving in Hamilton, ON. Our team of lawyers has the necessary skills and expertise to defend you in court based on technical grounds. Over the years, we have achieved consistent and favorable results on behalf of our clients. Call us today and get more information on our outstanding services.