Toronto DUI Lawyers for Impaired Driving Charges
The Toronto DUI lawyers at Charitsis Law represent drivers facing drinking and driving charges throughout Toronto and the GTA. As a former Crown Attorney Nicholas Charitsis leads our defence team, drawing on over 20 years of courtroom experience.
Why Choose Our Toronto DUI Lawyers?
When you’re facing a drinking and driving charge, experience matters. As DUI lawyers in Toronto, Charitsis Law has a proven record of successfully fighting impaired driving and drinking and driving charges.
- Hundreds of successful DUI cases, including charges withdrawn, reduced or won at trial.
- Former Crown Attorney experience gives Nicholas Charitsis valuable insight into how impaired driving cases are prosecuted.
- Proven DUI defence strategies for challenging breathalyzer results, police procedures and Charter violations.
- 350+ five-star Google reviews and hundreds of additional online reviews.
- Experienced DUI lawyers who carefully prepare every case for negotiations with the Crown Attorney or trial.
When you’re facing DUI charges, choosing an experienced Toronto DUI lawyer with a proven track record can make a real difference in the outcome of your case.
There are defences to impaired driving, and our team can help. We provide clear legal advice, experienced courtroom representation and proven defence strategies for fighting DUI charges.
If you’ve been arrested for a DUI Charge, discuss your case directly with Nicholas Charitsis at 416-731-7113.
Understanding DUI and Impaired Driving Charges
The terms DUI, Driving under the influence, drinking and driving and drunk driving are commonly used to describe impaired driving charges involving alcohol or drugs. Your paperwork could list one charge or a combination of charges.
What Do the Different DUI Charges Mean?
Here’s what each DUI charge means and what the police are alleging.
- Impaired operation – The police are alleging that alcohol, drugs or both impaired your ability to operate a vehicle. The charge is not suggesting you were drunk driving, only that your ability was impaired, or changed due to the consumption of an alcohol or drug.
- Driving over 80 – Where the police have grounds to demand a breath sample, Canadian law says your blood alcohol concentration (BAC) cannot be over 80 mg of alcohol per 100 mL of blood within two hours after driving. This is a separate offence from impaired operation.
– Learn more about driving over 80 charges > - Refusing a roadside breath test – The Police are saying they stopped you driving and they had a lawful right to demand a roadside breath sample, but the driver refused without a reasonable excuse. A refusal allegation can involve more than just saying “no.”
– Learn more about refusing a roadside breath test > - Refusing a breathalyzer test – Once arrested for a drinking and driving charge, the police took the driver to a breathalyzer technician. Once in front of the officer the driver refused to give 2 samples of their breath to the officer.
– Learn more about refusing a breathalyzer tests > - Impaired care and control – The allegation means that the driver had “the care and control of a motor vehicle, and the drivers ability to operate that vehicle was impaired. The police usually didn’t see the driver operating the vehicle, it may have been parked or even stuck in the ditch. The driver was in the position where they could of driven it.
– Learn more about impaired driving care and control >
Impaired operation and blood alcohol offences fall under section 320.14 of the Criminal Code. Failure or refusal to comply with a lawful demand falls under section 320.15.
Being charged with a DUI does not mean you will be found guilty. Breath testing, police procedures, disclosure issues, witness evidence and Charter of Rights issues can all affect the case. As DUI lawyers we go through the police evidence from the initial traffic stop through to the breathalyzer testing.
DUI Penalties for Impaired Driving in Ontario
The consequences of a DUI conviction can affect your life for years. Beyond fines, you could face restrictions on driving, higher insurance costs and a criminal record.
What Could a DUI Conviction Mean for You?
- Fines and jail: First offences generally carry minimum fines. Repeat offences carry minimum jail sentences, and serious cases can bring longer sentences. Read about DUI driving penalties.
- Driving bans, licence suspension and ignition interlock: A drinking and driving conviction generally brings a court-ordered criminal driving prohibition and an Ontario licence suspension. Returning to driving also involves ignition interlock requirements.
- Criminal record, employment and travel: A criminal record can affect job opportunities, professional licensing and travel, depending on the destination. Permanent residents and foreign nationals can also face serious immigration consequences.
Some licence suspensions and vehicle impoundments begin immediately after a DUI arrest, separately from the court case. Read our guide to DUI penalties in Ontario for a detailed breakdown.
Fighting DUI Charges in Toronto
There are more defences to DUI charges than many people realize.
Our job is to review the disclosure, listen to what happened and build a defence strategy around the evidence in your case.
As DUI lawyers we look for problems with the police investigation, arrest, breathalyzer testing, legal arguments for the charge and a review of your rights under the Canadian Charter of Rights. At trial, we cross-examine police officers and other witnesses and challenge weaknesses in the Crown Attorney’s evidence.
Our goal is to get the criminal charge withdrawn, fight for a non-criminal resolution where appropriate, or to win the case at trial.
★★★★★ “Nicholas was very professional and helpful. I had an impairment over 0.80 charge, and Nicholas was able drop the charges down to careless driving. The case was resolved very fast, and I didn’t have to testify in court. Nicholas was even able to get me, my driving privileges back right after the last court date. I am very happy with the service and would definitely recommend.”
DUI Defence Strategies – Winning DUI Examples
The defence depends on the evidence. Here are three real cases where our defence strategies helped our clients successfully fight their DUI charges.
DUI Defence – Breathalyzer Testing
Police officers must follow specific rules when making arrests and collecting breath samples. During a trial and in pre-trial hearings we’re going to carefully review:
- Timing and delays: Times matter, breath tests must be taken forthwith, without delays. When was the breath demand was made, when were the samples were taken, are there any unexplained delays.
- Police procedures and equipment use: We review whether the arrest and breath demand was lawful. What did the officer actually say to you? Did the qualified breathalyzer technician operate the approved instrument properly.
- Breathalyzer records and accuracy: We examine test results, breathalyzer certificates, calibration checks and testing records for inconsistencies or missing information. Errors, mistakes and omissions in breath testing create defences.
Driving over the legal limit of over .80 mgs, does not necessarily end the case. Breathalyzer tests must be done properly, following the law, without errors or inconsistencies.
Breathalyzer Evidence Helped Win this DUI Case
Nicholas Charitsis challenged the breathalyzer’s reliability, refusal charge was dismissed. Read how breathalyzer evidence helped win this DUI case →
DUI Defence: Police Evidence
Police officers investigating drinking and driving charges must follow the law and proper procedures when making an arrest for impaired driving.
Our Toronto DUI lawyers review the police investigation and cross-examine officers to look for mistakes, inconsistencies and problems with the evidence. This can include reviewing:
- Traffic stop, arrest and breath demand: We check whether police had legal authority to stop you, arrest you and demand breath samples.
- Police evidence and disclosure: We compare reported signs of impairment with video, police notes and witness statements. We also check the evidence provided by the Crown Attorney for missing records or information.
- Your right to a lawyer: We check whether police explained your rights and gave you a proper chance to speak privately with a lawyer.
Police evidence should not simply be accepted as correct. Video, records and other evidence can sometimes tell a very different story.
Police Video Helps Wins DUI Case
Police video contradicted the officer’s claims, and the driver was found not guilty. Read how police evidence was challenged in R. v. Palacios →
DUI Defence: Legal Arguments
Charter rights violations, missing evidence and unreasonable court delays can give us grounds to challenge the evidence in a charge of impaired driving. Legal arguments include issues such as:
- Charter rights and access to a lawyer: We check whether police respected your Charter rights, including your right to speak privately with a lawyer.
- Unreasonable trial delays: We review how long your case has taken and what caused the delays. We look for grounds to ask the court to end the case.
- Missing disclosure and challenges to evidence: We check whether the Crown Attorney has provided the records needed to prepare your defence. We also look for legal grounds to keep breath test results or other evidence out of court.
When your Charter of Rights have been violated, the appropriate remedy is for the judge to dismiss the charge.
DUI Case Dropped After an 11(b) Charter Application
Nicholas Charitsis challenged delays caused by missing breathalyzer records and time delay, Read how an 11(b) Charter application ended this DUI case →
★★★★★ “By far the best DUI Lawyer in Toronto. Nicholas and his team are hard working specialists in the field of criminal law. Nick is always available to answer questions and guides you through the process. All charges dropped! Thank you.”
DUI Defence: Care and Control Charges
You can be charged with a DUI for being in control of the vehicle, even when your not driving. However, being impaired and sitting in the driver’s seat does not always mean you intended to drive. Our defence strategy includes:
- You had a plan to get home: Was there a plan other than driving? Text messages, phone records and witness statements can show that someone was coming to pick you up, and you had no intent do drive.
- The vehicle and keys: Where were the keys? Was the engine was running and where was the vehicle was parked?
- Your actions and intentions: We look at where were you in the vehicle when the police arrived, drivers seat or passenger seats? Why you entered the driver’s seat and what may of happened before the police arrived.
The main issue is, what was the drivers intent, where was the driver, and what statements may have been made to the police?
Text Message Helps Win DUI Charges
A text showed our client had arranged a ride home, supporting his defence of no intent to drive and a not-guilty verdict. Read how evidence of no intention to drive helped win this DUI case →
More Defences to DUI Charges in Toronto
Explore our guide to 25 defences to DUI charges for more ways to challenge the evidence and fight your DUI charge.
★★★★★ “Thank you to Vadim and Charitsis Law for all their help. My DUI charge was dropped to a careless driving ticket. It was my first experience being involved with the law, and Vadim was very informative and helpful throughout the entire process. He explained everything clearly, kept me updated, and made a very stressful situation much easier. I highly recommend Charitsis Law.”
Recent Impaired Driving Successes
These DUI/DWI results show how legal issues can change the outcome of a DUI charge.
These real court decisions show how in impaired driving law, legal issues, careful preparation, and strong defence strategies have helped our clients successfully win their charges.
These are just a few examples of how legal issues have helped our clients. Every case is different, and the outcome depends on the evidence, the legal issues involved, and the defence strategy. View More DUI Cases We’ve Won →
Speak With Nicholas Charitsis Today
You’ll speak directly with DUI Lawyer Nicholas Charitsis—not a call centre or an intake representative.
When you call Charitsis Law, you’ll speak directly with a trusted DUI lawyer in Toronto. Nicholas Charitsis can answer your questions, explain your legal options, and help you understand the evidence against you.
Call 416-731-7113 today to arrange your confidential case review.
Questions About Hiring a DUI Lawyer
These are some of the most common questions people ask before hiring an impaired driving lawyer in Ontario.
How Much Does It Cost to Hire a DUI Lawyer?
A. The cost of hiring a DUI lawyer depends on the facts of your case. Some charges are straightforward, while others involve Charter arguments, expert evidence, or a trial. Those factors can affect the legal fees.
Ask whether the lawyer charges a fixed fee or bills by the hour. You should also ask what services are included and whether the quoted fee covers a trial if one becomes necessary.
Choosing a lawyer based on price alone can be a costly mistake. Experience, preparation, and the right defence strategy often have a greater impact on your case than finding the lowest fee.
If you’d like to learn more, read our guide on DUI lawyer fees and legal costs before making your decision.
Why Was I Charged With Both Impaired Driving and Over 80?
It’s common for police to lay more than one impaired driving charge after the same incident. For example, you may be charged with both impaired driving and having a blood alcohol concentration over the legal limit. While the charges arise from the same event, each requires the Crown Attorney to prove different legal elements.
Being charged with two offences does not mean you’ll receive two convictions. In many cases, only one conviction can be entered if both charges relate to the same incident.
An experienced DUI lawyer will review the evidence supporting each charge, identify any legal issues, and determine whether one or both charges can be challenged.
Can Any DUI Lawyer Guarantee They’ll Win My Case?
No. An honest DUI lawyer will never guarantee that your charges will be withdrawn or that you’ll be found not guilty. Every impaired driving case is different, and the outcome depends on the evidence, the legal issues, and the facts of your case.
A good DUI lawyer will carefully review the Crown’s evidence, explain the strengths and weaknesses of your case, and recommend the defence strategy that gives you the best opportunity for success. Then they can give you their opinion as to whether they can win the case.
Be cautious of any lawyer who promises a specific outcome before reviewing the evidence. Experience matters, but so does honesty. You deserve straightforward legal advice based on the facts of your case.
About Toronto DUI Lawyer Nicholas Charitsis
Nicholas Charitsis is a Toronto criminal defence lawyer and former Crown Attorney with more than 20 years of experience defending driving charges in Ontario. His practice focuses on criminal defence for Drive Over 80, breathalyzer refusals and other DUI-related driving charges.
His experience in DUI investigations allows him to identify legal issues involving breath testing, police procedures, Charter rights, disclosure, and whether the Crown Attorney can prove the charge beyond a reasonable doubt. He has successfully defended DUI cases involving reasonable doubt, breathalyzer evidence, medical issues, identity, and whether the accused intended to drive.
Nicholas also serves as Chair of Ontario committees involved in recommending candidates for judicial and Justice of the Peace appointments.
