Driving Under the Influence Defence Lawyers in St. John's

With You. For You.

Your Strong Defence Against DUI and Impaired Driving Charges: Experienced Newfoundland and Labrador Criminal Lawyers

Strategic defence for DUI and impaired driving cases. Let our experienced lawyers protect your rights and fight for your future.

Facing an impaired driving or DUI charge can be an incredibly stressful and life-altering experience. We understand the anxiety and uncertainty that comes with these charges, and we’re here to offer compassionate, non-judgmental legal support. At Orr Cabot Crosbie Oley Law (OCCO Law), we believe that everyone deserves a strong defence, and we are committed to standing by your side through every step of the legal process.

Our team of experienced lawyers has successfully defended numerous individuals charged with DUI and impaired driving throughout Newfoundland and Labrador. From the moment you contact us, we’ll provide clear communication, answering your questions and addressing your concerns, ensuring you fully understand your legal options. We are here to protect your rights and advocate for you, whether through negotiation, seeking a dismissal of charges, or defending your case in court.

No matter the complexity of your case, we are relentless in our pursuit of justice. Our goal is to minimize the impact of this charge on your life and help you achieve the best possible outcome. You don’t have to face this challenge alone—let us be your advocate in this critical time.

Criminal Lawyer for DUI Charges

Focused on You

Your future and well-being are our top priority. We understand the stress and uncertainty that comes with a DUI charge. From the moment you contact us, we listen to your concerns, provide clear answers to your questions, and ensure you feel supported throughout the legal process.

Tailored Legal Strategies

Every DUI case is unique, and so is our approach. We thoroughly examine the details of your arrest, investigate the evidence, and craft a legal strategy specifically tailored to your circumstances. Our goal is to minimize the impact of these charges on your life and achieve the best possible outcome for you.

Protecting Your Rights

We are committed to protecting your rights at every stage. From thoroughly examining breathalyzer and sobriety test results to identifying weaknesses in the prosecution’s case, we leave no stone unturned in building your defence. Our experienced DUI lawyers are relentless in seeking justice and safeguarding your future.

Contact an OCCO DUI Lawyer

    Why Time is of the Essence in DUI Cases

    If you’ve been charged with a DUI, addressing the situation promptly is essential to ensure your legal rights are protected and the process is handled fairly. At OCCO Law, we are committed to guiding you through this legal matter with precision and care, advocating for a fair outcome based on the facts of your case.

    Protecting Your Legal Rights from the Start

    From the moment you are charged with a DUI, the legal system begins moving forward. Having legal counsel early on ensures that your rights are respected and that you receive a fair process. Whether it’s during police questioning or at your first court appearance, our role is to ensure that all legal procedures are properly followed and that your case is handled justly.

    Timely Gathering of Evidence

    Certain types of evidence, such as dashcam footage, breathalyzer records, and witness statements, may be critical to the fair evaluation of your case. However, this evidence can become harder to obtain over time. By acting quickly, we can gather and preserve the necessary evidence, ensuring that nothing is overlooked or lost that could contribute to a full and fair assessment of your situation.

    Thorough Review of Procedural Accuracy

    In any legal matter, the accuracy of procedures followed during your arrest is critical. Delays in seeking legal representation may reduce the opportunity to review the procedural steps taken by law enforcement, such as the administration of sobriety tests. Early intervention allows us to ensure that all legal protocols were adhered to, safeguarding your rights throughout the process.

    Addressing License Suspensions and Court Deadlines

    DUI charges often come with immediate administrative consequences, such as a temporary driver’s license suspension. There are legal avenues to challenge these suspensions, but the window to do so is often narrow. Acting promptly enables us to file the necessary appeals and motions in a timely manner, giving you the best opportunity to retain your driving privileges while your case proceeds.

    Ensuring a Fair and Just Outcome

    At OCCO Law, our goal is to ensure that your case is handled with fairness and that the legal process is followed properly. Early involvement allows us to thoroughly investigate the facts, challenge any irregularities, and present a balanced defence that upholds the principles of justice. Our priority is to work within the framework of the law to achieve an outcome that reflects the facts and circumstances of your case.

    For a fair and thorough defence, it’s important to act quickly. Contact OCCO Law for a consultation, and let us begin working to protect your rights and ensure that the process is handled properly from start to finish.

    Contact OCCO Law’s Experienced Criminal Law Team Today

    Facing a DUI charge is a serious matter, and you don’t have to face it alone. At Orr Cabot Crosbie Oley Law, we understand the stress and uncertainty that come with impaired driving charges, and we’re here to help. Whether you have questions about the legal process, need guidance on your options, or are ready to take the first step in building your defence, we offer a free, no-obligation consultation to discuss your case.

    Our experienced team of criminal defence lawyers will listen to your concerns, review the facts of your case, and provide you with clear and straightforward advice. This initial consultation is a chance for you to understand your legal options without any pressure or commitment.

    Don’t wait—reach out to OCCO Law today and take the first step toward protecting your rights and securing the best possible outcome for your case.

    Frequently Asked Questions About DUI Charges in Newfoundland and Labrador

    Will I lose my driver’s license immediately after a DUI charge?

    If you are found to have a blood alcohol concentration (BAC) at or above .08, or refuse to provide a breath sample, your driver’s licence will be automatically suspended for 7 days. Your vehicle may also be impounded for 30 days. After the initial 7-day suspension, your licence will be reinstated for 14 days, allowing you to make necessary arrangements. Following this interim period, your licence will then be suspended for an additional 90 days.

    You may be able to appeal this suspension. Contact us as soon as possible to discuss your options, including requesting a hearing with the Superintendent of Motor Registration. We can help you navigate this process and protect your rights at every step.

    Can I avoid a criminal record if I’m charged with a DUI?

    A DUI conviction in Newfoundland and Labrador will result in a criminal record. This can impact your employment, travel, and other aspects of your life. However, depending on the specifics of your case, we may be able to negotiate for reduced charges or explore alternative measures, such as a diversion program, to minimize the long-term consequences of the conviction on your record.

    What happens during my first court appearance?

    At your first court appearance, you will be formally charged, and the court will ask how you plead—guilty or not guilty. You do not need to enter a plea at this stage if you have legal representation. Your lawyer will request “disclosure,” which means receiving copies of the evidence the prosecution intends to use against you. Having a lawyer present ensures your rights are protected from the beginning.

    Can I challenge the results of a breathalyzer test?

    Yes, breathalyzer test results can be challenged. This is possible if there were issues with how the test was administered, such as not waiting the required 15 minutes after your last drink, or if the device was not properly calibrated or maintained. We will meticulously examine the test results and procedures to ensure they meet all legal standards. Any errors in the testing process could be grounds to have the evidence excluded.

    What are the penalties for a first-time DUI conviction?

    A first-time DUI conviction in Newfoundland and Labrador carries serious penalties. If your BAC was over .08, you will face a minimum fine of $1,000, a one-year driving prohibition, and a criminal record. You will also be required to participate in the Ignition Interlock program. In some cases, the court may also require you to complete an alcohol education or rehabilitation program. The exact penalties depend on the specifics of your case, including your BAC level and any aggravating factors, such as having a passenger under 16 years old in the vehicle.

    How long will a DUI case take to resolve?

    The length of a DUI case can vary based on the complexity of the charges, the evidence involved, and court scheduling. Some cases may be resolved within a few months, while others could take longer if they go to trial. We will work diligently to resolve your case as efficiently as possible while ensuring that your defence is thoroughly prepared.

    Can I travel outside of Canada with a DUI charge or conviction?

    A DUI conviction may impact your ability to travel, particularly to the United States, where impaired driving is considered a serious offence. If you’re facing a DUI charge or have been convicted, it’s important to consult with legal counsel to understand the potential travel restrictions and explore options for mitigating the impact.

    What should I do if I refused a breathalyzer test?

    Refusing to provide a breath sample is a serious offence in Newfoundland and Labrador. It carries similar penalties to a DUI conviction, including an automatic license suspension, fines, and a possible criminal record. However, there may be legal defences available depending on the circumstances of your refusal. It is important to contact us immediately so we can explain your rights and build a strong defence to address both the refusal and any related DUI charges.

    What are the penalties for subsequent DUI offences?

    Penalties for subsequent DUI convictions are significantly harsher than for a first offense. They can include longer driving prohibitions, larger fines, mandatory jail time, and the installation of an ignition interlock device.

    Are there special DUI rules for drivers under 22?

    Yes, Newfoundland and Labrador has a zero-tolerance policy for drivers under 22. This means that any detectable amount of alcohol in your system will result in an immediate license suspension and vehicle impoundment.

    Common DUI Defences: Ensuring a Fair Legal Process

    At OCCO Law, our priority is to ensure that every client receives a fair and just legal process. When defending a DUI charge, we examine every aspect of the case to ensure that proper procedures were followed and that no evidence was obtained unlawfully. Below are some of the common defences we may explore to protect your rights and ensure that justice is served.

    Examining Field Sobriety Tests

    Field sobriety tests, often used to assess a driver’s level of impairment, must be administered according to strict guidelines. These tests are subject to human interpretation and can sometimes yield inaccurate results due to environmental factors or physical conditions unrelated to intoxication. We will scrutinize the administration of these tests to ensure they were conducted fairly and correctly.

    Assessing Breathalyzer Accuracy and Maintenance

    Breathalyzer devices must be properly maintained and calibrated to produce reliable results. Errors in calibration, improper administration, or failure to maintain the device according to legal standards could lead to incorrect readings. We review the records of the breathalyzer device used in your case to verify its accuracy and compliance with legal requirements.

    Evaluating the Blood Alcohol Content (BAC) Testing Procedures

    In some cases, a blood test may be used to measure BAC. The collection, storage, and testing of blood samples must follow a specific legal process to ensure that the results are accurate. Any deviations from proper protocol could lead to evidence being inadmissible. Our team will investigate whether the correct procedures were followed at every stage of the testing process.

    Procedural Violations

    From the moment of your arrest, law enforcement officers must follow strict legal procedures. This includes reading you your rights, obtaining valid consent for any tests, and providing you with the opportunity to contact a lawyer. If any part of the arrest or investigation violated your rights, we will challenge the admissibility of the evidence obtained.

    Investigating the Role of Witnesses

    Witnesses, including passengers or other drivers, may play a role in your case. If witnesses are involved, we ensure that their statements are obtained and handled properly, and we cross-examine them to verify the reliability and accuracy of their testimony. Ensuring that all evidence, including witness statements, is legally sound is key to a fair defence.

    Medical Conditions or External Factors

    Certain medical conditions or external factors (such as medication, fatigue, or a health condition) may mimic signs of impairment. We investigate whether any underlying conditions or factors could have influenced the arresting officer’s perception of your impairment and work to present these facts as part of your defence.

    Newfoundland and Labrador Driving While Intoxicated Defence Lawyers

    At OCCO Law, our mission is to ensure that every step of your DUI case is handled according to the law, with the aim of protecting your rights and ensuring that the legal process is fair and just. We will thoroughly investigate your case and leave no detail unexplored in building your defence.

    Contact

    55 Duckworth Street, St. John’s, Newfoundland and Labrador, A1C 1E6

    1.709.702.8901

    We are looking forward to speaking with you about your case. You can contact us by e-mail and we will follow up with a phone call or meeting to discuss.

    Please do not send confidential information, case details or documents via e-mail. Your personal security and privacy is our top priority.