Toronto DUI Lawyers Share 10 Defenses for Drinking and Driving Convictions
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Learn How to identify the Best Toronto DUI Lawyers easily when facing DUI Charges in Ontario
To find the best DUI Lawyer Toronto make sure you read DUI Lawyer Reviews. Google is a great place to start and below you will find common errors made by Police during investigation. Do not assume the Police have made an error in your case. The Police in Ontario are excellent DUI investigation in Canada. If you feel an error has been made the list below will give you an idea of what we have seen over the years.
Always ensure your DUI Lawyer is familiar with DUI Laws in Ontario and has a proven track record of success. A Toronto DUI Lawyer should be able to answer all your questions quickly and if you think we can help you after you read the details below feel free to contact our office at any time because problems with the law can happen anytime.
NO RIGHTS TO COUNSEL AT ROADSIDE: Ontario Law Requires Guarantees Your right to talk a Toronto DUI Lawyer
You are entitled to speak to a lawyer at your earliest opportunity. If this chance happens to be right on the scene of the stop, for example if the police is waiting for their sergeant to arrive, and you are not connected to a lawyer, it may be a complete defence against an Over 80 charge
Faulty and Unreliable Breath Tests: Police equipment needs to be properly maintained
The DUI breath tests used in Ontario have many flaws. These tests are subject to some of the following problems: The equipment may change for Cannabis and the test out now are different.
Improper use by the police officer
Physiological Conditions (gastroesophageal reflux disease aka GERD) Everyone has a different body
Instrument Malfunction – Machine can be wrong
Failure to observe the defendant prior to the test.
DUI breath testing is the most common way to measure a defendant’s BAC but it is not always an accurate because of the fact that a DUI breath test doesn’t directly measure the amount of alcohol in your blood. It measures the amount of alcohol present in your breath and converts that amount to determine the amount of alcohol in your blood. As a result, DUI breath testing is susceptible to a variety of outside influences that can generate an erroneously high BAC reading. A good Toronto DUI lawyer will be able to review your results and give advice on potential defenses based on your medical history.
Mouth Alcohol – This is a Medical Condition that may cause false alerts
DUI breath testing instruments are designed to capture a sample of breath from your deep lung tissue; this is known as “alveolar air.” Residual alcohol can linger in the mouth for some of the following reasons: The equipment used may vary buy the local police department.
Dental work trapped small amounts of alcohol-soaked food in your teeth,
You burped or regurgitated, or
You suffer from acid reflux, heartburn, or GERD.
The breath test instrument captures “mouth alcohol” rather than simply “aveolar air.” As a result, mouth alcohol can trigger a false BAC reading on a Ontario DUI breath test.
The best DUI Lawyers in Toronto work with experts in this field. Contact a Toronto DUI Lawyer to find out more.
Medical Conditions: Toronto DUI Lawyers are aware of these conditions and so are the Police
Medical conditions such as Gastroesophageal Reflux Disease (more commonly referred to as “GERD”), acid reflux, or heartburn can contaminate DUI breath test results. GERD, acid reflux, and heartburn are all medical conditions that create possible mouth alcohol situations. This is because these conditions produce a flow of acid that travels from the stomach into the mouth. When this occurs during a DUI breath test or just prior, the alcohol that travels from your stomach to your mouth disguises the deep lung air that the breath testing instrument is intended to measure. As a result, GERD, acid reflux, and/or heartburn can cause a falsely high BAC on a Ontario DUI breath test.
Diet: Many new and old diets can trigger a false confirmation for Driving while under the influence
Conditions such as diabetes or An Atkins-style diet that is low-carbohydrate, high-protein, or hypoglycemia can trick a DUI breath test and result in a false high BAC.
Atkins-style diets and medical conditions such as diabetes and hypoglycemia are capable of self-producing isopropyl alcohol. This is because bodies that are deprived of carbohydrates turn to stored fat for energy. This process produces ketones. Ketones, when eliminated from the body through breath and urine, convert into isopropyl alcohol.
This creates a problem with the commonly used breath tests because most Ontario DUI breath testing instruments aren’t sophisticated enough to distinguish between this self-produced isopropyl alcohol and ethyl alcohol (the type of alcohol that we drink). As a result, Atkins-style diets or diabetes or hypoglycemia can trick a DUI breath testing instrument into producing a falsely high BAC.
“Rising Blood Alcohol”: Your Disclosure will include details that a Toronto DUI Lawyer can review on your behalf at no cost
Rising blood alcohol means that your BAC was a higher level when you took the test than it was when you were actually driving.
Alcohol takes a certain amount of time, typically between 50 minutes and three hours, to absorb into your system. For example, if you had just recently finished drinking and were investigated for DUI shortly thereafter your alcohol may not have reached its peak absorption rate. When this is the case, your blood alcohol level is still rising, which can cause a false high DUI BAC result.
This occurs because your BAC at the time of your blood or breath test is irrelevant. What is relevant is what your BAC was at the time of driving. Just because you have a BAC that is above the legal limit when you submit to a DUI chemical test, does not mean that is what your BAC was at the time of driving.
Prosecutors assume that everyone is beyond their peak absorption phase when they submit to Ontario DUI chemical testing. However, we know that this isn’t always the case and that rising blood alcohol is a very legitimate DUI defense. This rising blood alcohol defense applies to both DUI blood testing and DUI breath testing.
Ontario DUI Blood Testing Isn’t Always Accurate
There are multiple factors that could taint the results of your DUI blood test results:
Blood contamination, and
Improper storage of your blood sample.
These are just a few of the reasons why a blood tests result might not be accurate. Depending on the circumstances surrounding the collection and storage of your DUI blood test, your Ontario DUI defense lawyer may be able to have your BAC results excluded from evidence. If your BAC is suppressed, your charge under Ontario law driving with a BAC of at least 0.08% must be dismissed.
Violations of the Ontario Code of Regulations: The Best DUI Lawyers always listen to your side of the story
Ontario Code of Regulations sets forth the requirements for collecting, storing, and analyzing DUI chemical tests. These regulations are very specific, and any violation of Ontario Laws can lead to the chemical test being thrown out.
Violations include the following:
The technician who drew the blood was not property trained or certified;
The DUI breath testing instrument you use hasn’t been properly calibrated
Violations your BAC results could be excluded from evidence, or at the very least, its accuracy will be called into question.
Field Sobriety Tests Are Not Accurate: Experienced Legal Professionals in DUI have known this for many years
Ontario field sobriety tests are not accurate indicators of impairment.
Even the most reliable Ontario field sobriety tests aren’t accurate indicators of alcohol and/or drug impairment. The three tests that have actual data to support their trustworthiness are only between 65 – 77% accurate at detecting impairment and that is only if they are precisely administered and scored, which rarely happens.
Innocent explanations can also explain poor performance on FSTs. These include:
bad weather conditions,
uneven surface conditions,
poor footwear, and
un-athletic or uncoordinated driver
A BAC Over .08% Does Not Always Equal Driving Under the Influence: Ontario Medical Experts can help your defense
BAC is affected by many different factors, not simply the actual amount of alcohol in one’s body. These factors include (but are not limited to):
Errors in the Ontario DUI chemical testing equipment,
Errors in obtaining your DUI blood or breath sample,
Your medical conditions, and
When you took your last drink.
Each of these factors can independently affect the accuracy of the BAC result, so don’t let the number fool you, a BAC over .08% doesn’t necessarily mean you are guilty of DUI.
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