These kinds of occurrences are quite common in Canada: a person is stopped and is then accused of driving under the influence, even though he has no idea what he did wrong. Although he may have had a few beers, he was still fully in charge of the car.
It is illegal to drive a vehicle while impaired under section 253(1)(a) of the Criminal Code of Canada. While alcohol is commonly used, substances such as marijuana and strong narcotics are also frequently used. This offence is mainly concerned with you operating a vehicle while impaired rather than the level of alcohol in your blood, although it will work against you if you are over 80 and impaired.
A criminal defence lawyer in Edmonton can assist you in protecting your rights and explaining the legal ramifications of your charges. Read on in this blog post for more information about driving under the influence in Edmonton and what to do in these situations.
What Is Impaired Driving Or Driving Under The Influence?
The charge of impaired driving states that the accused operated a motor vehicle when their capacity to do so was affected in any way by alcohol, drugs, or a combination of both. The Crown usually proves this accusation by “indicia of impairment,” such as proof of a poor driving pattern, the scent of alcohol, open liquor in the car, a flushed face, bloodshot eyes, a faltering stride, and so on.
What Is The Over 80 Rule?
An accusation of driving 80 or above says that the accused operated a motor vehicle while having a blood alcohol concentration of 80mg per 10mL or more. The Crown just needs to show that a legitimate breath test was administered and that the accused blew 80 or above.
Several things can influence our blood alcohol concentration, including:
- How much alcohol have you consumed?
- How long has it been since your last drink?
- The rate at which alcohol is absorbed and removed from your body.
- Weight, age, and gender are all personal considerations.
Even if you are above 80 mg, you may not be impaired; you may be attentive and able to drive safely. People with BACs as low as 50 mg could be profoundly drunk in rare instances.
What Does It Mean To Refuse To Provide A Sample?
When an officer makes a legitimate demand for a breath sample, it is illegal to reject or fail to comply. The law gives officers the right to request breath samples in specific circumstances. The most significant of these is the requirement for obligatory alcohol screening. Officers can request a breath sample from anybody they stop over under recent law as long as they have an authorized screening device on them.
Refusing or neglecting to produce a sample in response to a demand, such as the mandated screening requirement, will result in a criminal prosecution that is comparable to, and sometimes more serious than, a simple impaired offence.
What Are The Consequences Of Impaired Driving?
To begin with, it’s critical to understand that you could face double the penalty for impaired driving. The first is a criminal charge imposed by the Canadian government, while the second is imposed by the IRS (Immediate Road Sanctions), which is handled by Alberta law enforcement.
The degree of punishment is determined by your prior record and the present offence. First-time offenders often face minimal penalties such as fines, driving suspensions, and other measures. Second and third-time offenders risk larger penalties and lifelong bans, as well as participation in driving programs and up to ten years in prison.
As a result, it’s critical to comprehend your predicament and the potential consequences.
How To Respond To Impaired Driving Charges
It’s crucial to speak with a DUI lawyer in Edmonton right away to support your case, whether you are guilty or not. People frequently drive while impaired without realizing it, which is a ridiculous error that shouldn’t cost them their jobs. In other cases, law enforcement has wrongly accused people of crimes by failing to follow the required norms or processes.
Again, no one should be affected by the mistakes of others. The sooner you hire a DUI attorney, the better your chances of winning your case and avoiding severe penalties like jail time.
About Daryl Royer
Daryl Royer stands out as one of the most sought-after criminal defence attorneys in Edmonton, thanks to his extensive experience in criminal law and an excellent reputation throughout Canada. Mr. Royer, an experienced criminal defence lawyer, has experience defending individuals charged with the most serious impaired driving offences, including impaired operations causing bodily harm and impaired operations causing death. Learn more about Daryl Royer and his grip on criminal law.
Need an experienced DUI lawyer? Contact Daryl now.