If you are in Canada and got accused of DUI, remember that it is a Federal Criminal Offence. The unlawful act of driving a vehicle under the influence of drugs or alcohol is referred to as “impaired driving.”
If the alcohol content in your blood surpasses 80 milligrams of alcohol per 100 millilitres of blood, it is illegal under the Criminal Code.
Get the help of criminal defence lawyers in these cases, as only they can help.
DUI Fundamentals
An inspector may request that you conduct a physical compatibility test if they realize you have recently consumed alcohol. You can be asked to give a breath test if the inspector determines that you are intoxicated following the physical compatibility test.
Insights like reckless driving or the odour of alcohol on your breath qualify as a legitimate cause. A health expert may run a blood test when you cannot give a breath test.
You might then be sent to an assessing officer if you’re thought to be under the influence of alcohol or drugs. The assessing officer will decide if there are good reasons to ask for a blood or urine test.
DUI Infraction
You might be taken into custody if an officer has cause to suspect you did something wrong. Your licence may still be suspended for 90 days if you refuse to provide a breath test. If you hurt someone, this time is extended to six months.
DUI Conviction
The restrictions and fines vary by state and region. There can also be certain rehabilitation classes that the convicted need to take. It is a criminal offence when you refuse to submit the exams and give no valid explanation. So the officer also gets good cause to request breath, blood, or urine samples.
If the officer doesn’t have a good reason, the case will go to court, and if they take the test, it will be considered a violation of section 8 of the Canadian Charter of Rights and Freedoms.
Grey Zones
What happens if you provide a breath test close to but not exactly at.08? Charges, such as temporarily suspending your driving license, may still apply to you.
Each province and state has a different legal blood alcohol content (BAC) and a different set of consequences, ranging from a 12-24 hours ban.
What Causes an Extreme DUI?
In many areas, if a person’s blood alcohol level is over 0.15%, they may face elevated or serious DUI charges. Taking a passenger under 15 is another offence that can result in an aggravated punishment.
A previous drunk driving conviction in the same location within the past ten years may result in a felony DUI.
If a driver doesn’t have enough insurance, their license is suspended, or they don’t put an ignition interlock device in their car as required, they could be charged with an aggravated DUI.
Find out the truth before making a plea.
Being accused of driving while intoxicated is unpleasant. You might not be able to think properly anymore and simply want to leave the whole thing behind you. At that moment, pleading guilty to end the situation was very wrong.
Driving under the influence is against the law. A criminal record may impact your capacity to travel and work. You risk heavy penalties and possible imprisonment if found guilty.
Even once the driving ban is lifted, you might discover that your coverage costs need to be lowered, which would keep you from travelling for years.
However, you don’t need to deal with these potential effects alone. There is assistance and opportunity. We will thoroughly describe the following after evaluating your case:
- It is the court’s responsibility to establish your guilt because allegations of intoxicated driving are tough to prove. They might not have enough proof to establish their claim against you.
- You might not be aware of it, but you might have a defence that will have your case dismissed.
- You can negotiate a plea to a minor charge, like a traffic ticket, even without a defence.
Final Words
Make sure you are prepared to handle the consequences of a DUI before you start driving while drunk. Recognize that not all convictions are unquestionable. An initial DUI allegation can typically be appealed after being held. Hire a reliable and experienced lawyer right away if you are unsure about the allegations made against you.
To make the process simple and less stressful, be sure the lawyer you are hiring is a specialist in DUI cases who can handle your case competently.
