What can Edmonton DUI Lawyers do for you?
The consequences for a conviction related to Edmonton driving under the influence (DUI) are serious and can impact your life in a number of negative ways. The penalties for a conviction can include: fines, a driving ban, a criminal conviction, increased insurance costs, and even jail time. The consequences go beyond the direct ones, affecting personal relationships, making it difficult to find work, and can be a source of great personal shame and embarrassment.
The laws around DUIs are changing quite frequently, and it can be difficult to know what your rights or possible defenses are if you are charged. For example, the law in Alberta changed as of December 1, 2020, introducing stiffer fines and a zero-tolerance allowance for certain drivers. The current public perception around DUIs is very negative and tends to follow a 'guilty until proven innocent' line of thinking. Despite this, DUIs are one of the most common criminal charges. It is not illegal to consume alcohol and operate a motor vehicle, but it is illegal to be impaired in your ability to operate a motor vehicle or to operate a vehicle while your blood alcohol is above the legal limit. It is important to maintain the presumption of innocence. People make mistakes all the time, and a well-informed lawyer can help you understand what your options are.
Impairment by Drugs
The science behind determining impairment by drugs is new and still being studied, and as such, it is difficult to prove, with mistakes in testing being quite common. While impaired driving charges related to drugs may be increasingly common since the legalization of cannabis, convictions have been difficult to obtain.
Failing to Provide a Breath Sample Charges
While most know that it is illegal to drive under the influence, not everyone knows that it is also illegal to refuse to test one's impairment. Failing to provide a breath sample is a separate charge that can be just as serious as impairment itself. In fact, while one might be cleared of an impairment charge, one can still be charged with failing to provide a breath sample. As of December 18, 2018, Federal legislation does not require an officer to have reasonable grounds to request a breath sample to test a person's impairment. Whether or not a person is impaired, it is a criminal offense to refuse a breath test. To the eyes of the court, if an officer has made a lawful demand of an individual and they are refused, that person can be charged. There are situations in which demand may not be lawful, such as for medical reasons, or if your charter rights were not explained. In these cases, a lawyer can help determine your options, as this area of the law is quite technical.
Care or Control Charges
You do not have to be actually driving while impaired to be charged with impairment. To be found behind the wheel of a car, or near a running vehicle that an officer determines was under your care and control while impaired can lead to charges. In these cases, it is important that the individual establishes that they were occupying the seat of the car for reasons other than operating the vehicle. Writing down your version of events to preserve your memory is very important.
Ignition Interlock program
Once a court-imposed license restriction is over, you may apply for the Ignition Interlock program, which enables you to begin driving again with a restricted license before the end of your suspension. The Ignition Interlock program is a device installed in your vehicle that you must blow into in order to start your vehicle, and while it is running. The program can be expensive and requires professional installation, calibration and eventual removal. If you fail the blow test often enough, the device may be removed, you may lose your restricted license and have your suspension extended.
It is vitally important that you seek legal assistance in navigating your options if you are charged with a DUI. If there was an accident that resulted in any degree of bodily harm, and you are convicted, jail time is a virtual certainty. If you have been charged with impaired driving or refusing a breath test, you could end up with a criminal record. The financial impact can also be severe with dramatically increased insurance premiums and loss of employment. There are many ways to mitigate the most serious outcomes and the first step to navigate these is obtaining legal counsel.