Ottawa DUI Lawyer

Brett McGarry is an Ottawa DUI lawyer specializing in defending impaired driving charges. If you have been charged with DUI or impaired driving in Ottawa, this page will help you understand your legal options, the penalties you may face, and how Brett McGarry, an experienced Ottawa DUI lawyer, can help you build a strong defense. This information is for anyone facing impaired driving charges who wants to protect their rights and future.

• Impaired driving: Operating a vehicle while under the influence of alcohol or drugs, affecting the ability to drive safely.
• Over 80: Being charged with “over 80” means exceeding the legal blood alcohol concentration (BAC) limit of 80 mg of alcohol per 100 ml of blood.
• Care and control: A person can be charged with impaired driving even if they are not actively driving, such as when they are in “care and control” of a vehicle.
• Refusal: Refusal to provide a breath sample when requested by police is treated as an admission of guilt and carries the same penalties as an impaired driving conviction.
• Drinking and driving charge: A legal charge for operating or being in care and control of a vehicle while impaired by alcohol, regardless of whether the vehicle was in motion.
• Drinking and driving offence: An offence that can include being in care and control of a vehicle while impaired by alcohol, even if the person is not actively driving.
• Driving offence: Includes impaired driving and situations where a person is in care and control of a vehicle while impaired, not limited to actual driving.
• Drug impairment: Impaired driving also includes drug impairment, meaning operating or being in care and control of a vehicle while under the influence of drugs.

Drinking and Driving Offences in Ontario

 Impaired driving (A person can be charged with a drinking and driving offence if found in care and control of a vehicle after consuming alcohol.)
 Over 80 blood alcohol content driving
 DUI / DWI
 Refusing to provide a roadside screening device sample
 Refusing to comply with a breath demand (Breathalyzers / Intoxilyzers)
 Dangerous driving

Both the Ontario Provincial Police and Ottawa Police Service are responsible for enforcing these laws and conducting roadside checks.

It is important to note that the roadside breath sample cannot be used as evidence to convict someone of impaired driving; only results from the Intoxilyzer® 8000C are admissible in court.

These charges threaten your employment, ability to drive, and reputation. It is extremely important for you to hire the leading criminal lawyer for your case.

Transition: Now, let’s look at the potential penalties for these offences.

Building a Strong Defence Against Impaired Driving Charges in Ottawa

As a leading drunk driving lawyer in Ottawa, Brett McGarry has the expertise to help you build a solid defence against a DUI charge and other DUI offences as defined under the Criminal Code.

Case Review Process

After our initial consultation with you, we request and review the prosecution’s evidence. Everything from the notepad of the arresting officer to the technical specifications of the Intoxilyzer machine must be examined. We analyze your case from every possible angle. If there is a defence, we will find it. See our track-record for some of our recent wins at trials in Ottawa.

Expert Witnesses and Motions

Where appropriate, we will hire toxicology experts and other specialists to challenge the police evidence. We will bring technical disclosure motions if it helps your case. If your testimony assists your defence, we will thoroughly prepare you to testify effectively.

Facing impaired driving charges can feel stressful and overwhelming. We take the time to answer your questions and remain in communication with you throughout the duration of your case.

Transition: Now, let’s look at some of the recent successes in defending impaired driving charges.

Interacting with Law Enforcement

When interacting with law enforcement during an impaired driving investigation, it is crucial to understand your rights and the potential consequences of your actions. If you are stopped by a police officer on suspicion of impaired driving, remain calm and follow their instructions. Cooperation is important, but you should also be aware that you have the right to legal counsel and should request to speak with a lawyer as soon as possible.

If a police officer asks you to provide a roadside breath sample, you are legally required to comply. Refusing to provide a breath test can result in severe penalties, including a criminal offence on your record, mandatory minimum penalties, and the same penalties as an impaired driving conviction. The legal limit for blood alcohol concentration (BAC) in Canada is 80 milligrams of alcohol per 100 milliliters of blood. Exceeding this legal limit can lead to impaired driving charges, which carry serious consequences such as a permanent criminal record, fines, and possible jail time.

It is also important to know that police officers must have reasonable grounds to stop your vehicle and request a breath sample. If the stop or the demand for a breath test is found to be unlawful, any evidence obtained may be excluded from court. An experienced DUI lawyer can review your case to determine if your rights were violated and challenge the evidence if necessary.

If you are arrested by the police, it is vital to remain silent and immediately request to speak with a criminal defence lawyer. Anything you say to the police can be used against you in court, so it is essential to have legal counsel present to guide you through the process. A good criminal lawyer will help you understand the potential consequences of a conviction, including severe penalties, a permanent criminal record, and the impact on your future employment opportunities and driving record.

In Ottawa, impaired driving cases are handled by experienced criminal lawyers who specialize in DUI law and the criminal justice system. These defence lawyers have the expertise to protect your rights and provide you with the legal representation you need. If you are facing impaired driving charges, do not hesitate to contact a reputable DUI lawyer in Ottawa for a free consultation to discuss your case and your options.

Remember, when dealing with law enforcement in impaired driving cases, it is essential to remain calm, know your rights, and seek legal representation as soon as possible. With the support of an experienced DUI lawyer, you can navigate the legal system and work towards the best possible outcome for your case.

How an Ottawa DUI Lawyer Can Help

• Legal Representation: An Ottawa DUI lawyer can help you fight DUI charges and provide legal representation.
• Reviewing Police Reports and Evidence: Ottawa DUI lawyers provide defense for impaired driving charges, including police report review, Charter Rights issues, and negotiating plea deals.
• Building a Strong Defense: A DUI lawyer can help you build a strong defense against impaired driving charges.
• Reviewing the Prosecution’s Evidence: A DUI lawyer will review the prosecution’s evidence and analyze your case from every possible angle.
• Assisting in Plea Negotiations: A DUI lawyer can assist in plea negotiations to potentially reduce charges or penalties.
• Importance of Consulting a Lawyer: Consulting a DUI lawyer before pleading guilty is crucial to understanding your legal options. Consulting with a DUI lawyer before making any decisions about how to plead is crucial.

Transition: If you have more questions about the process or your specific situation, the following FAQ section can help.

Brett McGarry Law

• 116 Lisgar Street, Suite 300, K2P 0C2 Ottawa, Ontario Canada
• brett@mcgarrylaw.ca
• 613-884-8576
• 613-691-1373
• 9 a.m – 5 p.m

  on Monday
  9 a.m – 5 p.m

  on Tuesday
  9 a.m – 5 p.m

  on Wednesday
  9 a.m – 5 p.m

  on Thursday
  9 a.m – 5 p.m

  on Friday

Do Not Just Plead Guilty

Defending DUI & Impaired Driving charges can be technical and complex. There are many defences based on violations of Charter rights and technical requirements that you will not be aware of. If you plead guilty before consulting an experienced Ottawa DUI lawyer you may be giving up on a good defence.

Impaired Driving Recent Wins

If you are looking for a good Ottawa Impaired Driving Lawyer and Ontario, it is important to know about some of the recent cases he has won. Here are some recent cases Brett fought and won in Ottawa:

 Rachel’s Case – Acquitted of DUI Charges in Ottawa: Not Guilty of Impaired/Over 80

 Henry’s Case – Free of Drunk Driving in Ottawa area: Not Guilty of Impaired/Over 80

 David’s Case – DUI and Impaired Driving Charges: Over 80 Charge Dismissed

 Angela’s Case – Impaired Care and Control defence: Not Guilty of Care and Control

 Laura’s Case – Impaired Driving and Car Accident: Not Guilty of Impaired/Over 80

 Taylor’s Case – Impaired Driving Charges in Ottawa: Not Guilty of Impaired/Over 80

DUI Law in Ottawa: Why Specialization Matter

DUI law is complex and constantly evolving, making specialization important when choosing a lawyer. DUI cases fall under criminal law and require specialized knowledge to ensure an effective defense. Local knowledge is crucial for a DUI lawyer, as familiarity with local court procedures and judges provides a strategic advantage. Hiring a specialized DUI lawyer is essential due to the complexities of impaired driving law.

Having a dedicated legal team with experience in DUI cases is vital to navigate the complexities of the legal system and build a strong defense.