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It is a crime in every state for a motorist to operate a vehicle while impaired by the effects of alcohol or other drugs, including prescription medications. Depending on the state, the offense is called driving under the influence (DUI), driving while intoxicated (DWI), or a similar term. Even if evidence of blood-alcohol concentration (BAC) shows impairment, a good DUI lawyer may seek to have the case dismissed or the charges reduced. Also, attorneys often negotiate for lesser sentences and treatment diversion programs.

Upon conviction of a DUI, you will receive some sort of criminal sentence (such as community service, a fine, even jail) and your driver’s license likely will be suspended or revoked, depending on the severity and whether it is a first offense. Your attorney may be able to help you obtain driving privileges with the condition of using an ignition interlock device (IDD) or the court’s permission to drive to and from work.

Terms to Know

• Implied Consent: In every state, motorists consent to a police stop and BAC test as a condition of receiving a driver’s license. Failure to submit to a BAC test breaks this agreement and results in a driver’s license suspension.
• Blood-Alcohol Concentration (BAC): The concentration of alcohol in one’s bloodstream, which is used to determine a motorist’s level of alcohol impairment.
• Drug Recognition Experts: Officers specially trained to determine the drug impairment of a DUI suspect.
• DUI Checkpoints: Roadblocks set up by police, typically along busy roadways during New Year’s Eve and other alcohol-related events, in which motorists and checked for impairment at random.

If you have been charged with a DUI offence in Hamilton then your defence could be a tough one considering that a DUI is a criminal offence in Ontario. The Criminal code levies heavy penalties if you are to be convicted in a DUI case. A conviction for a DUI offence can have numerous negative impacts in your life. It is necessary that you challenge the case against you so that it gets dismissed. Failure to do so will attract heavy penalties and you will end up with a criminal record. If you are thinking about how to get a DUI dismissed then the first thing you need to do is seek the reliable services of a Hamilton DUI Lawyer. We specialize in DUI laws and can assess and prepare your case in the most appropriate manner.

There has been a recent increase of drunk driving convictions in Toronto courts and this has contributed to drunk driving becoming the largest single offence in Ontario. Drinking and driving cases are more likely to be brought to trial than any other criminal offence. The reason for this is that at trial, these cases are often contested on highly technical grounds based mainly on police violations where Sections 8, 9 and 10 (b) of the Charter of Rights and Freedom are cited in our client’s defence.

As a respectable Toronto drunk driving lawyer, we have many years of experience in successfully defending our clients with drunk driving charges. As experienced DUI criminal defence attorneys, we have shown and assured consistent results largely due to our vigorous cross examination of prosecution witnesses as well as our ability to target technical in sufficient. Contact us immediately if you have been charged for driving while drunk in Toronto, ON. The earlier you get in contact with us the better.

THE CHANCES OF GETTING YOUR DUI DISMISSED IN THE CITY OF HAMILTON

The chances of getting a DUI dismissed mostly depend on the facts of the case. Every case is different from the other and getting a DUI case dismissed is something that can only be assessed by a lawyer. An outstanding DUI lawyer understands the many ways of getting a DUI case dismissed but to do so your lawyer will first have to assess the facts within the presented files.

When You May Need a DUI Attorney

Drunk or impaired driving is taken seriously by courts, particularly since it can be so deadly to other motorists. Therefore, the stakes of a DUI case are quite high. Those convicted of a DUI usually lose their license for a certain period of time, pay a hefty fine, and sometimes serve time in jail (especially if it is a repeat offense). Even if your DUI lawyer is unable to dismiss the case, he or she may be able to reduce the sentence or otherwise provide for a softer landing.

Legal representation is rarely cheap, but a skilled DUI lawyer should be able to help you with the outcome of your case. To learn more about how a DUI attorney may help your case, see Hire a DUI Lawyer and Get Legal Help with a DUI.

One offense that may cause confusion is a conviction for driving under the influence of alcohol or drugs. On the one hand, a DUI is an offense that can only occur while driving. As a result, many people assume a DUI will show on a driving history check but not on a criminal background check. 

On the other hand, a DUI is considered a serious crime—one that can lead to license suspensions, sizable fines, and jail time. In all 50 states, a first-offense DUI will normally be classified as a misdemeanor. Since misdemeanor convictions show up on criminal history screenings, it stands to reason that a DUI would appear on a standard criminal background check.

Ultimately, a DUI is thought to be more severe than most other driving offenses, hence the misdemeanor status. As a result, if you have a DUI (or several) on your record, they will show up in a pre-employment background check even if an employer does not conduct a driving history check. However, since a DUI is technically both a criminal offense and a traffic violation, it would also likely appear on any motor vehicle record check that a prospective employer runs.

Complications for the Job Application

The fact that a DUI can show up on a criminal background check creates a dilemma for job seekers who have been convicted of this offense. If the job application includes the common “have you ever been convicted of a crime?” question, candidates with DUI history might be at a loss for how to answer it accurately.

This criminal history question is slowly disappearing from job applications thanks to the spread of the ban the box movement. If you live in a jurisdiction that has banned the box, you may not have to worry about answering criminal history questions with regards to a DUI conviction. While ban the box policies are spreading, they are still far from universal—especially for private employers. As such, if you have a DUI on your record, you need to have a strategy for how to answer the question without killing your job chances.

Your first strategy should be to tell the truth. A DUI may be a traffic violation, but it is also a crime in all 50 states. In other words, if you have a DUI conviction on your record, the only honest way to answer a question about criminal convictions is to check the box that says “Yes.”

If given the opportunity, you should set the record straight with potential employers. The reason so many people want to ban the box that requires ex-offenders to reveal their criminal history is because that box offers no opportunity for nuance or explanation. Having a criminal history can mean a wide range of things depending on the nature of the offense, the outcome of the offense, and other factors. When an employer sees an applicant has checked the “Yes” box on an application, they have no way of knowing if the candidate’s criminal history is a single misdemeanor or a series of felonies. All they know is something is there waiting to be found on a background check.

DUI as a Felony

The need for nuance is particularly relevant to a DUI conviction since a DUI can be charged in multiple ways depending on the situation. 

A DUI is usually considered a misdemeanor for a first-time offender. However, there are always exceptions. For instance, if a DUI leads to a fatality or serious injury, it would likely be bumped up to a felony, even for a first-time offense. These circumstances can also result in a prosecutor adding extra charges to a case, such as vehicular manslaughter or criminal negligence. 

The driver’s BAC, whether there was a child in the car, and the status of the driver’s license (restricted, suspended, revoked, etc.) can all impact the severity of the conviction. 

A third or fourth DUI offense is more likely to be tried as a felony than as a misdemeanor. This point is especially true if those offenses have occurred relatively close to one another. 

As you can see, how a DUI is classified—and what it means for your criminal record—can vary considerably. As such, it’s important to be prepared to explain the circumstances of your conviction to any prospective employer if you are required to disclose it on a job application. Telling your version of the story honestly will lower the chances of a hiring manager getting a one-sided picture of your past. 

Getting Hired with a DUI

While a DUI will show up on a criminal background check, that doesn’t necessarily mean it will hurt or kill your job chances. A DUI is a crime, but employers often treat it like a traffic violation. If you are applying for a job that involves driving a company vehicle or operating heavy machinery, your prospective employer is going to take notice of a DUI. That conviction makes you a hiring risk that most employers will not take. 

If you are trying to land an office job or any other position with no driving-related responsibilities, your DUI may carry less weight with employers. Per the EEOC, employers are expected to weigh criminal convictions considering the job at hand. Since a DUI is not directly relevant to all jobs, most employers can’t ethically disqualify you because of it. Your best bet is to apply for jobs that wouldn’t require you to drive a car or operate a heavy piece of equipment.