The short answer is yes. After being arrested on DUI charges in Toronto, it is possible to continue driving. Experienced Toronto DUI lawyers can help you understand your rights and help you fight to retain driving privileges.
It is essential to maintain one’s ability to drive to preserve one’s freedom. Driving can be a mandatory part of your job, and it can help you stay in touch with friends and family. If you’ve been accused or convicted of driving while intoxicated, you should think about the possibility of losing your licence.
The effects of drinking and driving are very severe in Canada. In Ontario, for example, a first-time offender is indefinitely suspended for an administrative licence for 90 days if you are charged with a disability driving violation. The police then give them a date of the first appearance before the Court of Justice of Ontario. If, after a hearing, you plead guilty or are found guilty to a DUI, a suspect usually first receives the compulsory minimum fine and a compulsory driving ban of a minimum of one year. If there are aggravating circumstances, such as elevated blood alcohol levels or a motor vehicle crash, the fine amount and duration of the driving ban may be increased. Even for first-time offenders, an accident on a major highway will result in a brief jail sentence. The fines and consequences for repeat offenders or those hospitalized would increase, including longer minimum obligatory prison sentences and the driving ban.
What is an ignition interlock, and just how does that influence my ability to drive?
An ignition interlock programme exists in Ontario that requires a first-time DUI offender to apply to the Ministry of Transportation to drive an ignition interlock device installed in their vehicle. The ministry may allow you to drive three months after your guilty plea if you participate in the ‘Stream A’ ignition interlock programme. For example, if you are a first-time offender who pleads guilty within 90 days of being charged with an offence and the judge allows you to apply for interlock, you will qualify for the service if you use the ministry. A first-time offender who enters a guilty plea within 90 days of their conviction is usually permitted to mount the system on their car three months after their sentencing date. If the judge sentenced you to the mandatory minimum one-year licence suspension, the device would be allowed to stay in your car for 9 months.
When you plead guilty or are found guilty after a trial more than 90 days after your arrest, you are eligible for ‘Stream B’ ignition interlock. Assume you enter a guilty plea four months after your conviction, and the judge permits you to apply for stream B ignition interlock. If the ministry accepts your application at its discretion, the interlock system will be mounted in your car six months after the date of your sentencing. The unit will then be allowed to stay on your vehicle for another year.
The ignition interlock device or the breath alcohol ignition interlock device has been added to the ignition device of the vehicle, which is a breathalyzer. The device’s primary purpose is to require the driver to blow air into the cigarette holder on the device before starting or continuing to operate the car.
A person will fall short of the device’s test if the air blown right into the mouthpiece is figured out to have a higher than the allowable blood alcohol concentration level. If you have had way too much to consume alcohol, then the ignition interlock device does not enable the engine to begin. The interlock device lies inside the vehicle, within reach of the driver’s seat, and is directly attached to the engine’s ignition system.
Sometimes, even if the engine is started after the engine has successfully tested the interlock device, there may be other requests for samples during the vehicle’s operation. This secondary test is sometimes referred to as the “rolling test.” The purpose of this test is to ensure that the person driving the car is the person who provided the breath sample. If the retest fails, the vehicle may sound an alarm-the horn will sound, and the indicator light will flash until the engine stops.
Can other people drive my car if it has an ignition interlock?
Any individual can operate your vehicle, even after the device is installed. However, whoever is behind the wheel will be required to comply with the demands of the interlock gadget, implying that she or he will need to blow right into the mouthpiece and be under the legal limit for alcohol usage.
Usually, a small degree of training is needed to comprehend how to use an ignition interlock tool. If someone aside from you regularly drives your vehicle, that person may need training. Furthermore, and very importantly, any time the interlock gadget records that you have exceeded the blood alcohol focus level, it is configured to report that. The failure is reportable even if someone else is blowing right into the gadget. Be mindful about who you allow driving a geared-up vehicle with the breathalyzer test.
Get in Touch with a DUI Lawyer
An ignition interlock or a driver’s license suspension is only a few of the legal consequences of driving drunk. Suppose you have been arrested as well as charged with driving while impaired by alcohol or a drug. In that case, you must seek legal suggestions to minimize the consequences of the charge. Toronto Impaired Driving Lawyer (DUI) is experienced in safeguarding impaired driving charges and preparing to talk with you regarding the truths of your case.
551 Gerrard St E Suite 1A
Toronto, Ontario M4M 1X7
Phone: (416) 816-4848
$000 – $000