Navigating the Complexities of DUI Cases Involving Commercial Drivers in Ontario

Are You a Commercial Driver in Ontario?

If you drive commercially in Ontario and you’re charged with driving under the influence (DUI), you could lose your job as well as your Commercial Vehicle Operator’s Registration (CVOR). You must be defended by a Toronto DUI lawyer, and you must reach out to that lawyer at once.

Driving under the influence is called “impaired driving” in Canada, and Ontario enforces a zero-tolerance law for commercial drivers. You may not have any cannabis or alcohol in your system when you drive a vehicle that requires a Commercial Vehicle Operator’s Registration in Ontario.

There is only a single exception to Ontario’s zero-tolerance law. Medical cannabis patients are not subject to the zero-tolerance requirements, although a cannabis patient nevertheless may still face a criminal charge if his or her ability to drive was impaired by using medical cannabis.

Impaired driving remains a serious concern in Ontario. More than 10,000 drivers were charged with impaired driving in Ontario in 2023. Hundreds of serious injuries, along with forty-nine fatalities, were also reported in alcohol- and drug-related traffic accidents in Ontario in 2023.

Why Are Impaired Driving Penalties Harsher for Commercial Drivers?

The penalties for DUI convictions are often harsher for commercial drivers because commercial drivers generally have a greater obligation than other drivers to drive safely. Drivers of taxis, buses, and other drivers who carry passengers are answerable for the safety of those passengers.

Many commercial drivers are truckers who deliver products and goods throughout Ontario and across Canada. However, because they haul valuable cargo and often drive large trucks, these commercial drivers usually face harsher penalties in Ontario for impaired driving convictions.

Large trucks usually cause far more damage in traffic collisions than automobiles or pickup trucks. A fully-loaded large commercial truck, for example, may weigh forty or more tons, while the typical automobile weighs only about three thousand pounds.

What Are the Penalties for Commercial Drivers Who Are Convicted of DUI?

If alcohol or drugs are detected in a commercial driver’s bloodstream, that driver’s license is suspended for 90 days, with no immediate fine. There’s also a $281 license reinstatement fee. These are “administrative” penalties entirely separate from any criminal DUI prosecution.

A commercial driver who receives a criminal conviction for impaired driving in Ontario may be penalized with a one-year license suspension and a minimum fine of $1,000. Subsequent DUI convictions will almost always entail lengthier license suspensions and additional penalties.

When Will You Need to Contact a DUI Defence Lawyer?

A commercial driver must carry a valid Commercial Vehicle Operator’s Registration in order to stay employed. In other words, you must avoid a conviction for impaired driving. Promptly hiring a DUI lawyer gives you the best chance to retain your CVOR and protect your future.

If a commercial driver in the Toronto area and you’re placed under arrest for impaired driving, call an Ontario DUI lawyer as quickly as you can. Your lawyer will examine the details of the case and develop an appropriate, aggressive, effective strategy for your defence.

Until you consult your DUI defence lawyer, exercise your right to remain silent. Whatever you say to the police could be misinterpreted or twisted and used against you. Be polite to the police officers, but insist on your legal rights and speak to your lawyer before answering any questions.

An arrest and a DUI charge do not necessarily mean that you will be convicted, but your Ontario DUI lawyer will need time to prepare a defence strategy on your behalf, so acting as swiftly as possible is absolutely essential.

How Will Your DUI Defence Lawyer Handle Your Impaired Driving Case?

Your lawyer will cast doubt on the case against you, and you may be able to avoid a conviction and the costly penalties that a DUI conviction entails for a commercial driver. The tactics an impaired driving lawyer may use to prevail in a commercial driver’s defence include:

1.  challenging the reason for the traffic stop that led to the impaired driving charge
2.  challenging the way the driver’s impairment was established
3.  challenging the reliability or accuracy of a breathalyzer device or field sobriety test
4. offering medical evidence that explains why a commercial driver appeared to be impaired
5. negotiating with the crown prosecutor to drop or reduce the charge or reduce the penalties

A DUI lawyer will protect your rights, explain your legal options, describe the penalties you may face, and fight for the justice you need. If the police violated your rights or if medical evidence can be offered on your behalf, your lawyer will seek a dismissal of the charge or an acquittal.

Your lawyer may question the legal basis of your impaired driving arrest, the results of a breathalyzer test, or the credentials of the individual who conducted the test. But with so many lawyers practicing in and near the Toronto area, how can you, as a commercial driver, locate a DUI lawyer who will prioritize your case and fight effectively for justice on your behalf?

Commercial Drivers in Ontario Can Rely on AR Law

In a DUI case, your lawyer’s attention to detail can make the difference between a conviction and an acquittal. At AR Law, Toronto DUI lawyer Arvin Ross will develop a defence strategy that brings your impaired driving case to its best possible outcome. He has substantial experience – and he’s had a record of success – defending drivers charged with DUI in the Toronto area.

The legal defence team at AR Law knows all too well what an impaired driving conviction can do, especially if you are a commercial driver, to your job, your family, and your future. If you’re charged with impaired driving, call us at once for a no-cost, no-obligation review of your case.

Our law offices are located in Scarborough and Oshawa, and we represent commercial drivers accused of impaired driving in the Toronto area and throughout Ontario. If you are charged with impaired driving, call AR Law immediately at 416-960-0781, and let us go to work for you.