Arrested for Impaired Driving? Your Right to Speak to Your Lawyer

Ontario’s Impaired Driving laws and penalties are among the strictest in North America. Even if your blood alcohol level (BAC) isn’t over the legal limit, if you are caught operating a motor vehicle when your BAC is in what is known as the “warn range,” the police can still suspend your licence for three days and fine you $250.

If you have been arrested for Impaired Driving in the Richmond Hill area, it is vital that you speak to an Impaired Driving lawyer as soon as possible.

Know Your Rights

If a police officer has arrested you for Impaired Driving, or for any criminal offence, the Canadian Charter of Rights and Freedoms guarantees your right to speak to a lawyer.

Specifically, section 10(b) of the Charter affords you the right “to retain and instruct counsel without delay and to be informed of that right.”

Not only do the police have to inform you that you can speak to a lawyer, but they are also obligated to help you contact any particular lawyer that you choose, including a specialized Impaired Driving lawyer or “DUI lawyer.” When you tell a police officer that you want to contact a specific lawyer, he or she has a duty to help you do so as soon as is reasonably possible. The police are not permitted to question you while you are trying to contact a lawyer. You must be given a reasonable opportunity to speak with a lawyer of your choice before the police attempt to interview you. It is crucial that you speak to a lawyer before you answer any questions because anything you say could be used later as evidence against you.

Know Your Obligations

Although you do have the right to speak to a lawyer of your choice when you are arrested, you must be “reasonably diligent in the exercise of this right.” If you’re not reasonably diligent—e.g., telling the police that you want to speak to a lawyer; suggesting ways in which the police may help you contact a particular lawyer, then the police are under no obligation to keep trying. If you are not reasonably diligent in attempting to contact a lawyer, the police are permitted to begin questioning you and testing for evidence of Impaired Driving. If you refuse to cooperate with testing for impairment after the police have made a reasonable attempt to allow you to speak to a DUI lawyer, you may face an additional charge known as Refusal.

Criminal Lawyer Richmond Hill

Being arrested can be overwhelming, especially if it has never happened to you before. Our team of Impaired Driving lawyers at What The Law are here to help you navigate through the process.

If you have been arrested for Impaired Driving, or another motor vehicle offence, you do not have to face these charges alone. What The Law’s DUI lawyers have the knowledge and expertise to accurately assess your case and defend you. Call or text us at 647-295-6499, 24 hours a day, seven days a week, to speak to an experienced Impaired Driving lawyer who will fight for your rights.