DWI Lawyers in my Area?
The DWI lawyers at Lockyer Zaduk Zeeh work on the most challenging criminal cases across Ontario. Through dedication, a wealth of experience and knowledge as well as tireless preparation, our criminal lawyers are committed to the achievement of remarkable client results and legal reform. The central focus of our firm is the promotion of fairness and protection against miscarriages of justice.
Our DwI lawyers have proven experience defending criminal cases in: Toronto, Mississauga, Scarborough, Markham, Richmond Hill, Vaughan, Brampton, Newmarket, Oshawa, Bradford, Milton, Burlington, Oakville, Hamilton St. Catharines, Guelph, Kitchener, Waterloo, London, Windsor, Kingston, Ottawa and throughout Ontario and Canada.
How Do the Police Prove I was Impaired?
When you are charged with driving while impaired, the Crown will need to prove beyond a reasonable doubt that you were impaired to operate a vehicle. The police may use various methods to prove that a person is impaired, which includes observing you and your behaviour. Here are some common methods used by police to prove impairment:
- Standard Field Sobriety Tests (SFST): These are physical and cognitive tests that police officers use to evaluate a person’s level of impairment. Examples of tests include the Walk-and-Turn test, the One-Leg-Stand test, and the Horizontal Gaze Nystagmus test. SFST are designed to assess a person’s balance, coordination, and ability to follow instructions, which can be affected by alcohol or drugs.
- Breathalyzer Test: This is a device that measures a person’s Blood Alcohol Concentration (BAC) by analyzing their breath. The test works by measuring the amount of alcohol in the person’s breath and estimating the BAC based on that measurement.
- Blood Test: This is a medical test that analyzes a person’s blood to determine their BAC or the presence of drugs in their system. Blood tests are more accurate than breathalyzer tests, but they are more invasive and require a trained medical professional to administer.
- Drug Recognition Evaluation (DRE): This is a specialized evaluation conducted by a police officer trained in drug recognition. The DRE involves a series of physical and cognitive tests to determine whether a person is impaired by drugs and, if so, what type of drug is causing the impairment.
To prove impairment, the police will typically gather evidence from these and other methods and present it in court. The burden of proof is on the prosecution, which must prove beyond a reasonable doubt that the defendant was impaired at the time of the alleged offense.