Criminal lawyer for impaired driving

Have you used alcohol, drugs or medication and decided to drive a motor vehicle or even were caught outside the vehicle in a control situation? 

You could be charged with driving under the influence or having control of a motor vehicle while under the influence of alcohol and having an alcohol level in your blood that exceeds the limit.

These offenses are denounced by the population and the Courts and they have important consequences, including:

  • A criminal record;
  • At least 1 year of driver’s license suspension;
  • An increase of your license and insurance costs.

All these consequences will have a major impact on your life.

Did you know that your motor does not have to be running to be convicted of an offense? Simply sitting on the driver’s side or passenger seats in your car while being drunk can result in a conviction.

If you are drinking and driving, you can be charged with two separate offenses:

  • Driving a motor vehicle with a blood alcohol level greater than 80mg/100ml of blood;
  • Driving under the influence;

Contrary to popular belief, even if you do not exceed the allowable limit (0.08), you are still liable to be charged with impaired driving.

No matter how little alcohol or substance you have consumed, you can be charged if your driving is erratic to the point where your driving is dangerous:

  • Your vehicle is swaying ; 
  • Unnecessary lane change ;
  • Unjustified acceleration ;
  • Longer reaction time than normal ;
  • Etc.

In the event that a police officer stops you on the road and suspects that you have consumed alcohol, submit to his orders to give a breath sample, to take a blood alcohol test, and to do a coordination test if requested. 

You should also follow him to the police station if arrested, but remember: you have no obligation to incriminate yourself when he asks you questions about your consumption, your whereabouts and activities etc.

Refusing to comply with a breath order is a Criminal Code offense for which the terms of imprisonment are similar and may be more severe in some cases to DUI, due to the presumptions provided for in the Criminal Code.

In all these situations, it is important to deal with a lawyer as soon as you are arrested or detained and insist for the lawyer of your choice. Contact us at Centre Légal Fleury, we will analyze your situation, advise you and make the appropriate representations before the Court.

Drunk driving

The legal term for drinking and driving is operating while impaired by alcohol, drugs or both. If you are found guilty of such an offense, you incur both administrative sanctions from the Société de l’assurance automobile du Québec (SAAQ), provided in the Highway Safety Code, and sanctions provided in the Criminal Code.

In addition to a criminal record, a fine and a prison sentence in case of repeat offenses, you are subject to the following sanctions before you can collect your license and drive your vehicle:

  • Suspension of your driver’s license for a certain period by the police before conviction (which can be contested). This suspension doesn’t count for the mandatory suspension resulting from a condamnation or change of plea;
  • Costs of storing your vehicle at the pound;
  • Installation of a breathalyser / immobilizer at your expense in your vehicle;
  • Obligation to pass a test to recover your driving license;
  • Having to take alcohol education classes;
  • Increase in your insurance premium;
  • Losing your immigration status in Canada.

The majority of the penalties provided for by the criminal code are mandatory in the event of recognition or conviction. They are adjusted according to the aggravating and mitigating factors surrounding the arrest.

In the event of a second or third offense, the Criminal Code and the Highway Safety Code provide severe mandatory sentences and administrative consequences to be imposed on offenders.

Considering the major consequences that this type of offense can have on your daily life, contact our defense criminal lawyers without delay so that they can protect your interests.

Driving under the influence of drugs and medication

Driving while under the influence of drugs and medication can be penalized with the offense of driving while impaired. A police officer may order you to provide a saliva sample for analysis or even a blood test to check if you have been driving under the influence of drugs.

The consequences are the same as for driving a vehicle while under the influence of alcohol.

In all cases, when you are arrested, police officers must respect the Canadian Charter of Rights and Freedoms. They should also allow you to speak without delay with the lawyer of your choice and give you your right to silence.

In some situations, rights are not fully respected and this is a reason for requesting the exclusion of evidences collected by the police.

In addition, during the analysis of your samples, the certified technician must follow precise steps, otherwise, it is possible to contest the results of his analysis.

In order to verify that your rights and the procedures have been respected, call our team and make an appointment for a consultation so that we can assess your chances of acquittal and negotiation in your case !

Centre Légal Fleury is there to help you assert your rights

Our lawyers have already brought down preliminary proceedings on the filing of a motion to dismiss, because a client was unable to exercise his right to counsel without delay, the delay to do so was unreasonable.

In one file, one of CLF clients was acquitted because even though he was able to exercise his right to counsel quickly, the duty counsel did not speak Mandarin. That said, he was found to have been unable to properly exercise his right to counsel because he had not been able to understand the exchange he had with police forces.

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