How to Save Yourself from Impaired Driving Charges?

How to Save Yourself from Impaired Driving Charges?

The sanction imposed on you when getting accused of impaired or drunk driving depend on several factors, the most important of which will however be recidivism as well as aggravating circumstances, for example injuring someone while driving.

Driving ban: The duration of this ban is subject to change. For a first offense, the suspension period will be 1 year, but a repeat offense can extend this period up to 5 years.

In the event of a first offense, if your alcohol level exceeded twice the legal limit, the suspension will last up to 3 years, but the judge retains some discretion in the matter depending on the circumstances.

Vehicle seizure and temporary suspension: As soon as you are arrested, the police can seize your car for 30 days and suspend your driver's license for 3 months.

Imprisonment: Again, the aggravating circumstances will dictate whether it is appropriate to sentence you to imprisonment for a first offense, but for a repeat offense, the Criminal Code imposes a minimum jail term of 30 days, while a third repetition increases this period to 120 days.

The maximum penalty is still 10 years for the impaired driving offense, but if you injure someone in the process, the penalties can be much harsher!

Do these consequences scare you? It's understandable, but instead of pressing the “panic button”, contact Impaired Driving Lawyer Calgary instead, who will defend you against your drunk driving charges!

Defenses to an Impaired Driving Charge What defense can be invoked against a drunk driving offense? Too many motorists don't bother to defend themselves against these charges thinking they are hopeless. However, it is crucial to consult a lawyer, because several defenses exist to exonerate you from this offense. Here are the most common!   

Illegal interception of the vehicle based on arbitrary grounds Lack of reasonable grounds to stop you Your right to a lawyer was not respected by the police

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Non-compliance with sampling deadlines

The range of possible defenses is not limited, and the sooner you act with a lawyer, the better your chances of getting away with it.

Custody and Control of an Intoxicated Vehicle: Is There a Valid Defence?

"I'm going to sleep in the car until the effects of alcohol diminish," said the person before being handcuffed by the police. Although the intention of wanting to wait before getting behind the wheel may be noble, this solution is considered criminal under the law which qualifies the situation as “care and control of a motor vehicle while intoxicated”.

Watching, guarding, or being in charge of the vehicle while intoxicated are all examples that could lead to charges being brought against you. Thus, sleeping in the backseat of your car is not a viable alternative to the option of taking a taxi. Worse still, the law provides a presumption of intention to drive for the person seated in the driver's seat.

For you to be found guilty of such an offense, there must be a real risk that the person will use their vehicle, a key element of the charge! By doing so, your Impaired Driving Lawyer will try to prove the absence of intention and risk to set the vehicle in motion.