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DUI Lawyer Toronto

DUI Lawyer Toronto

Take the first step to protect your rights and your driver’s licence. Contact us for a free confidential consultation with our DUI defence team.
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DUI Lawyer in Toronto, Committed To Defending Your Rights

LD Law offers DUI defence services to those charged with impaired driving in Toronto and the GTA. We know that a DUI charge (impaired driving, over 80, refusal) is a very serious and stressful event. You likely have questions about your licence, penalties, future, and need a fierce advocate fighting for you every step of the way. We are focused on obtaining the best possible outcome for your particular DUI case. 

 

LD Law brings years of criminal defence law experience with a particular concentration on DUI cases. We have been in practice for years, have successfully defended impaired driving charges and continue to protect the rights and liberties of accused persons. At LD Law, you will be given personal attention at every step of the process. We know all the courts, Crown Attorneys and judges that preside Toronto region DUI cases so you have expertise on your side.

Call Now: 416-747-9900

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Why You Need A Specialized DUI Lawyer In Toronto

A DUI charge can have a serious and lasting impact on your life, liberty, right to drive, insurance, and future, so it is vital to consult a lawyer with significant experience in the area. Our DUI defence practice enjoys a strong reputation for professionalism and results, with many clients charged with impaired driving seeing their charges acquitted, withdrawn or penalties minimized. Our narrowed scope gives us access to advanced tactics and techniques that may be deployed in your particular DUI case – including investigation of the circumstances of the arrest, traffic stop legality, breathalyzer maintenance and operation records, Charter rights breaches, plea negotiations, toxicologist consultation and courtroom advocacy – that may have a significant effect on the outcome. 

 

Our DUI law practice is maintained through dedication and focus. Our knowledge and experience dealing with impaired driving legislation and the Toronto court system are put to use for you so you can be sure your defence is being carried out to the highest standards. We know the courts and prosecutors that hear DUI cases and can advocate strongly on your behalf. The single greatest benefit to having a specialized DUI lawyer is that you have expertise, resources and support on your side at this critical time while your rights are being protected and the potential consequences of your DUI charge are being tempered. The defence you receive is tailored to the personal facts and evidence in your case so that no stone is left unturned. Let us be by your side and help you to clear your name and preserve your future.

Call Now: 416-747-9900
Our Team

Our Lawyers at LD Law

David Baptista Dos Reis Real Estate Lawyers - Ld Law

David Baptista dos Reis

Real Estate Lawyer

Daniel La Gamba - Real Estate Lawyers - Ld Law

Daniel La Gamba

Real Estate Lawyer

Dui Lawyer Toronto 21 Filip Widomski 04116 1 1

Filip Widomski

Associate Criminal Defence Lawyer

Practice Areas

You Deserve Us On Your Side

IMPAIRED DRIVING LAWYER (Alcohol or Drugs)

Those charged with impaired driving by alcohol or drug are subject to serious penalties. We scrutinize the evidence, cross-examine the officer's evidence and tests, and vigorously defend the impairment claim.

OVER 80 MG (BAC≥80 mg) LAWYER

You may not have felt impaired, but if your Blood Alcohol Concentration is measured above the legal limit while you are operating a vehicle, you are facing another serious offence. We investigate the breathalyzer or blood testing process, calibration logs and possible Charter infringements to defend you against the charges.

REFUSAL TO PROVIDE SAMPLE LAWYER

If you fail or refuse to comply with a demand for a breath or blood sample, the penalties you face are the same as for impaired driving. We assess whether the demand made was lawful, the actions of the officer and if you may have been justified in your refusal.

CARE AND CONTROL LAWYER

Even when you are not driving behind the wheel, you may be charged with a DUI offence if you are found to be in care or control of a vehicle while impaired or over the limit. We look at the facts of your situation to determine if care and control could be established with certainty.

Facing DUI Charges? We Can Help

Don’t face the complexities of impaired driving law alone. Contact LD Law for expert advice and a personalized defence strategy tailored to your DUI case.

The LD Law Advantage In DUI Defence

Comprehensive Legal Assessment

 

We open every DUI case with a careful and in-depth consultation, getting to know the circumstances that led to your arrest and what you are dealing with. Through this initial assessment, we are able to determine the all legal issues in your case, possible defences (Charter breach or technical errors with testing equipment), and chances for a positive outcome. No stone is left unturned in the investigation that follows, with police reports, officer notes, video evidence, and breathalyzer records all reviewed to form the backing for your defence

Defense Strategy Customization

 

We know that no two DUI cases are identical and no two clients’ situation is best served by the same defence plan. Your defence is tailored to the facts and evidence in your case. Our office uses advanced DUI specific tactics such as careful review of the stop and arrest, breath or blood sample result challenges, negotiations for charge reductions (i.e., to Careless Driving under the HTA), expert consultations (i.e., toxicologist), and courtroom advocacy to make your defence most effective.

Expert Navigation of the Legal System

 

Our extensive experience with DUI case law in the Toronto court system saves you time and aggravation. We know what courts, judges, Crown Attorneys prosecute impaired driving charges so we can prepare for and deal with these issues efficiently and effectively. Disclosure requests, pre-trial motions, court appearances are all taken care of with minimal hassle.

Call Now: 416-747-9900

Why Choose LD Law

The difference between the best possible results in your DUI case may come down to your choice of DUI defence lawyer. You can count on LD Law to bring the right mixture of impaired driving law specialization, commitment and personal attention to your file. The following are some of the reasons you will want to make LD Law your first call when you are charged with DUI:

Proven Results

Our history of winning DUI cases says it all. In our years of practice, we have secured many wins for clients charged with impaired driving, over 80 and refusal - their charges ultimately acquitted, dropped or resolved with no criminal record or reduced penalties. Our standards and expectations for your case are high and ensure that maximum effort and all available defences are pursued.

Passionate Advocacy

We do not always take the path of least resistance when it comes to running your case if a better result can be achieved. We are passionate lawyers and willing to take on a fight if it means getting justice for you and a win against a DUI prosecution. All advanced practices available to us are deployed in arguing your case including close review of breath testing maintenance and operation records, Charter rights breaches, expert consultations, and courtroom advocacy.

Trusted and Experienced

LD Law's more than 20 years specializing in criminal law (including a long history of defending DUI charges) make them a trusted name for clients and in the legal community. Their hands-on experience with the impaired driving statute and body of case law give them the necessary familiarity with the court to explain your rights and represent you confidently.

Personal Attention

Our approach is client-centric. You are not simply a file charged with DUI. We hear your story, listen to your concerns about your licence, employment and future, and include you in the process. You have direct engagement with your lawyer, guaranteeing that your case and you will have the personal attention and customized defence you require.

Prompt Communication

Effective communication and timing are crucial factors in the relationship, often under great stress when you are charged with DUI. We do what we can to relieve your anxiety by explaining the status of your case at each and every stage of the proceedings. You will have direct line to your lawyer by phone, email or text with updates and responses to inquiries you may have.

Choosing LD Law For Your DUI Defence

Your choice of lawyer matters when it comes to impaired driving charges in Ontario. LD Law brings over 20 years of criminal defence law experience (with a particular focus on impaired driving cases, defending more than 1,500 clients in Toronto and GTA). Our proven results tell their own story: in 2024 -almost all accounted for an acquittal or withdrawal of charges, or a resolution to minimized penalties on a DUI related charge. When it comes to expertise, it comes from specialization in impaired driving law and DUI defences. At LD Law, DUI defence makes up a significant portion of the criminal law practice, allowing the firm to keep up on the law and current technical defences. Advanced DUI-specific tactics are available, such as:

  • Comprehensive Case Analysis: Careful review of the police process, evidence and any Charter breach. 
  • Breath/Blood Evidence Challenges: Review of the operating, maintenance or calibration logs of the testing device and/or challenge to the admissibility of the result. 
  • Strategic Plea Negotiations: Negotiation with Crown on charge (i.e., reduction to a non criminal charge like Careless Driving) or penalty. 
  • Expert Witness Collaboration: Consultation with a toxicologist or other expert to counter the scientific evidence being led by the Crown in your case. 
  • Aggressive Courtroom Advocacy: Court representation with effective challenge to the Crown’s evidence and cross-examination of police witnesses.

Client care is another distinguishing feature. At LD Law, time is taken to discuss with you the effect of your DUI charge on your personal circumstances and representation is tailored accordingly. Your defence is developed with you in mind. Throughout the process you will be working directly with your lawyer. Your rights, licence and future are worth fighting for when you have been charged with DUI. At LD Law, we know all the ins and outs of the Toronto court system that apply to impaired driving cases – what courts, judges and Crown Attorneys will be prosecuting your case – to your advantage. You need a DUI lawyer with experience, expertise and focus. Results, advanced practices and client commitment are all reasons to put your DUI defence in the hands of LD Law. Turn to someone you can trust with your future and rely on to focus on the best result in your DUI case. You are not just hiring a lawyer – you are getting a fierce advocate in defending your impaired driving charges.

Frequently Asked Question

An impaired driving charge (commonly called a DUI charge) is a serious matter and should be acted upon immediately. Here is what you should do: Remain silent: Other than offering your i.d., do not answer any police questions about where you were, what you drank or how much you drank. Be respectful and polite, but say clearly that you wish to remain silent. Any statements may be used against you in court. Call a lawyer: The most important thing you can do on a DUI charge is call an experienced criminal defence lawyer (with a DUI practice!) as early as possible in the process. You have an automatic right to consult counsel upon detention or arrest. Take it. You need advice as soon as possible so your situation can be explained to you and your rights can be protected. Write it down: At the first opportunity, write down and make notes of anything you can remember about what happened before/during/after the stop, the stop itself, any tests you underwent, and your dealings with the police/others. Add any information about the time, place, and detail of things said/done/witnesses/what your condition was. Details are often forgotten, and such memories may be relied upon later in your defence. Keep the evidence: If there were witnesses to the event, get their names and contact information if you can. If you have a dashcam or copy of restaurant receipt (showing moderate consumption), put these away for safekeeping. Comply with release terms: If you have been released, make sure that you understand and abide by any conditions attached (i.e., bail conditions, undertaking conditions). Do not discuss your case more than you need to: Be especially careful not to share details about your case on social media or with people other than your retained counsel.
Even a first offence Impaired Driving or Driving Over 80 ('Over 80 mg%') conviction in Ontario comes with strict mandatory minimum penalties under the Criminal Code, and additional consequences under Provincial legislation in the Highway Traffic Act: Criminal Penalties (Mandatory Minimums for First-Time Offence): Fine: At least a $1,000 fine ($1,500 if your Blood Alcohol Concentration is between 120-159 mg%, $2,000 if your Blood Alcohol Concentration is 160 mg% or more or is for a refusal to comply charge) with a higher maximum fine. Criminal Record: A guilty verdict entered leaves you with a permanent criminal record that will affect your employment prospects, travel (especially to the United States), and immigration status. Driving Prohibition: At least a 1-year driving prohibition order that applies Canada-wide (may be up to 3 years for a first time offence). Note: Although not common on a straight first-time offence without aggravating circumstances (i.e., accident, injury, etc.), you may be looking at jail time depending on the facts of your case and reading levels. Provincial Penalties (Ontario Highway Traffic Act): License Suspension: You will have your Ontario driving licence suspended. For a first offence, the time is generally 1 year, although the absolute time period may be reduced as a consequence of the ignition interlock program. Ignition Interlock: An ignition interlock device (which prevents the car from operating unless you blow into it) must be installed in your car after reinstatement for any driving by you. For a first offence, the time is generally 1 year (Stream A in the Reduced Suspension Program), or 9 months following a 3-month absolute suspension (Stream D). 'Back on Track' Program: You will have to take a remedial measures program in Ontario called 'Back on Track'. This is a 2 part program of assessment and education/treatment that also has a costly registration fee (now $634 + expenses). License Reinstatement Fees: There is a licencing fee that must be paid to get your licence reinstated. Insurance: Your vehicle insurance premium rates will soar for several years, or you may be denied coverage. These penalties are real and should be reason to fight the charge in your DUI case.
You can physically refuse, but this will usually result in a separate criminal charge being laid against you for 'Failure or Refusal to Comply with Demand'. Roadside Test (Approved Screening Device - ASD): If the police have reasonable grounds to suspect you have any alcohol in your body, they can demand you give a breath sample into an ASD at the roadside. Refusal at roadside (without a reason in law) will generate a criminal charge against you. Station Test (Approved Instrument - Breathalyzer or Blood Draw): If the police have reasonable grounds to believe that you have committed an impaired driving offence in the past three hours, they can demand you provide breath tests into an approved instrument (at the police station) or blood samples (where breath test is impractical or unreliable). A refusal upon demand (without a reason in law) will likewise generate a criminal charge against you. What Happens if You Refuse: Criminal Charge: You will almost certainly be charged with Failure/Refusal to Comply with Demand, and the latter offence carries the same or greater mandatory minimum penalties as an Over 80 conviction - including a minimum $2,000 for a first offence, driving prohibition, criminal record, license suspension, ignition interlock, Back on Track program). No Defence Based on Sobriety: If the charge is made out, it does not matter for penalty whether or not you were impaired or over the legal limit; your conviction and sentencing will be based upon the refusal of the demand. Often Harder to Defend: There are legal defences available to a refusal charge (i.e., reasons in law - lack of reasonable grounds for the demand, breach of right to counsel, reasonable excuse due to medical condition that would make compliance impossible), however a refusal charge is often more difficult to defend than an Impaired Driving or Over 80 charge because the issue is no longer your sobriety, but whether the police were acting within their rights in making the demand or you in declining. It is almost always in your best interests not to refuse a test and to accept the consequences of a failed test: unless you have a reason at law, the penalties will be just as severe or worse. You should comply but claim your right to call a lawyer before you give breath or blood samples at the station. You can physically refuse, but this will usually lead to a separate criminal charge being laid against you for 'Failure or Refusal to Comply with Demand'. Roadside Test (Approved Screening Device - ASD): If the police have reasonable grounds to suspect you have any alcohol in your body, they can demand you give a breath sample into an ASD at the roadside. Refusal at roadside (without a reason in law) will result in a criminal charge against you. Station Test (Approved Instrument - Breathalyzer or Blood Draw): If the police have reasonable grounds to believe that you have committed an impaired driving offence in the past three hours, they can demand you provide breath tests into an approved instrument (at the police station) or blood samples (where breath test is impractical or unreliable). A refusal upon demand (without a reason in law) will likewise result in a criminal charge against you. What Happens if You Refuse: Criminal Charge: You will almost certainly be charged with Failure/Refusal to Comply with Demand, and the latter offence carries the same or greater mandatory minimum penalties as an Over 80 conviction - including a minimum $2,000 for a first offence, driving prohibition, criminal record, license suspension, ignition interlock, Back on Track program). No Defence Based on Sobriety: If the charge is made out, it does not matter for penalty whether or not you were impaired or over the legal limit; your conviction and sentencing will be based upon the refusal of the demand. Often Harder to Defend: There are legal defences available to a refusal charge (i.e., reasons in law - lack of reasonable grounds for the demand, breach of right to counsel, reasonable excuse due to medical condition that would make compliance impossible), however a refusal charge is often more difficult to defend than an Impaired Driving or Over 80 charge because the issue is no longer your sobriety, but whether the police were acting within their rights in making the demand or you in declining. It is almost always in your best interests not to refuse a test and to accept the consequences of a failed test: unless you have a reason at law, the penalties will be just as severe or worse. You should comply but claim your right to call a lawyer before you give breath or blood samples at the station.
Yes. Ontario has an immediate administrative driver's licence suspension (ADLS) that applies at the time of the charge as an added penalty to your charge - you have not gone to court or been found guilty yet. Immediate 90-Day ADLS: If you are charged with driving with a BAC in excess of 80 mg%, or refusing to take a BAC test, you will be served by the police with an administrative licence suspension for 90 days under the Highway Traffic Act. This is over and above any period of driving prohibition ordered by the court, or part of a post-conviction licence suspension. Immediate 7-Day Vehicle Impoundment: In most circumstances, the vehicle you were driving will be impounded for 7 days as well (at your own cost). Post-Conviction Suspension: If you are later convicted following court proceedings, you will be given a further (longer) suspension (minimum 1 year for first-time offence) to be served as part of your sentence, and concurrent with any time already running on the administrative driver's licence suspension. In other words, when you are charged you immediately lose your licence for 90 days as an administrative penalty. If you are convicted, you receive a minimum 1-year suspension that includes the time already served on the 90-day administrative suspension, and is followed by a further period of driver limitation in the form of the ignition interlock program.
Challenging the science (breath or blood tests) is a major part of a DUI defence and LD Law has several approaches it may use depending on the facts of your particular case: Violation of Charter Rights - Right to Counsel (s. 10(b)): Were you advised properly of your right to consult with a lawyer without delay and in private? Were you given a reasonable opportunity to exercise the right before giving breath/blood samples at the police station? Any breach of these rights may result in the sample results being excluded as evidence at trial. Unreasonable Search or Seizure (s. 8): Was there a lawful basis for the initial stop by police? Were the police acting within their lawful authority in making the demand (reasonable suspicion to make ASD demand, reasonable grounds for arrest/station demand)? Was the taking of the breath/blood sample lawful? Breath/blood that was unlawfully seized by police may be excluded at trial. Arbitrary Detention (s. 9): Was the initial stop by police, or subsequent detention of you by police, arbitrary (not based on legal grounds). Technical Defences Related to the Testing - Approved Instrument Malfunction: Was the breathalyzer machine in proper working order? Calibration and maintenance logs are reviewed to determine operation. Improper Operation: Did the officer operating the machine follow all required procedures (rules regarding observation period prior to testing, number of samples required, time between samples)? Blood Sample Issues: Were all protocols followed for taking and handling the blood sample? Was there continuity in the storage and analysis of the blood sample? Evidence to the Contrary: While the opportunity to directly rebut the readings with drinking evidence (the so-called Carter defence) has now been virtually eliminated by statute, there are arguments that can still be made in the right case. For example, any evidence that the test did not take place close in time to the driving or ingestion of alcohol, or evidence that mouth alcohol may have skewed the reading. Disclosure Issues: Has the Crown given full disclosure of all the evidence - including technical information concerning the machine and testing? The police evidence ('disclosure') must be reviewed closely for challenges to the test results to be made.
Note that these are separate but related offences under the Criminal Code: Impaired Driving (Operating While Impaired): The focus of this charge is the impairment of your ability to operate a conveyance (vehicle) that is caused by alcohol or a drug (or a combination of the two). The Crown must prove that your ability to drive has been impaired by some measure, great or small. Evidence relating to both driving (swerving, speeding, etc.) and physical co-ordination (fumbling, stumbling, etc.), condition and countenance (slurring, reddened eyes, odour of alcohol, etc.) and Standardized Field Sobriety Test results (co-ordination tests of balance, walk and turn, one leg stand, etc.) may be introduced. It is not necessary for a certain BAC level to be obtained for a charge to be laid, although it can be tendered as evidence. Driving Over 80 (Operating with BAC Over 80 mg%): The focus of this charge is on science rather than facts - specifically a BAC of 80 mg% or more within two hours of operation. The police are required to take readings using an approved instrument (breath test) or by blood analysis. Your ability to drive or your countenance or condition is of no relevance if the BAC reading stands up to proof. Refusal (Failure or Refusal to Comply with Demand): This charge is brought when the driver fails or refuses without a reasonable excuse to provide a required breath or blood sample upon proper demand by police at the roadside or station. As indicated above, the conviction is determined solely on the refusal, not by the degree of impairment or readings. Police will often bring both Impaired Driving and Over 80 charges arising out of the same set of facts. You cannot be found guilty of both, but the Crown will proceed with both and try the stronger of the two.
If you retain LD Law to defend your DUI charge, here is how your file will be handled: Consultation: We sit down (in confidence) to review your case, spelling out the nature of your offence, the rights and obligations you are subject to, the effects of the immediate 90-day suspension, and the process and strategies that will be used in your defence going forward. Reviewing Disclosure: We collect and review in detail all materials the Crown will present at your trial (police officer's notes, witness statements, video evidence, breathalyzer/operator maintenance logs, etc.). Identifying Defences: We do a thorough investigation of the facts and circumstances to look for possible defences in law or evidence (Charter arguments, testing/breathalyzer procedure used by police in your case, testing errors). Client Communication: We communicate with you throughout to inform you of developments and your options and to answer questions as/when they arise. Negotiation with the Crown: We enter into pre-trial discussions with the Crown Attorney regarding possible disposition(s) of your case. These negotiations may centre around withdrawal of the charge(s), agreements on certain facts for the purpose of a trial, or plea agreement to a lesser HTA offence (conviction only for a traffic ticket, keeping in mind these resolutions are rare). Pre-Trial Motions: We prepare strong Charter or other legal arguments for your case by pre-trial application to have the evidence excluded or other remedy. Trial Preparation: We commence regular trial preparation meetings with you to ready you for the witness box, cross-examination of police/Crown witnesses, and arguments in law. Trial Representation: We provide skilled, tough advocacy in the courtroom in presenting your full case and defence at trial. Sentencing (if applicable): If you are convicted, we advocate on your behalf at sentencing for a fair (lenient) outcome within the parameters allowed by law. We are committed to fighting for you to achieve the best result possible - meaning acquittal, withdrawal of charges or, where you are convicted, the consequences of conviction are minimized to the extent possible.

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1551 Bloor Street West Toronto, Ontario M6P 1A5, CA

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416-747-9900

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