Is it Possible to Minimize DUI Penalties?
Drinking and driving can be prosecuted as a misdemeanor or a criminal offense. The alcohol limits are crucial. Let a specialist lawyer advise you at an early stage and thereby secure a decisive procedural advantage! What are the penalties for drinking and driving? There is no easy answer to this question. The range is wide and the individual penalties can certainly be imposed at the same time. Possible sanctions are fines, a driving ban, withdrawal of driver's license, and imprisonment. The level of punishment that applies depends on a number of factors. However, the decisive questions are whether it is an administrative offense or a criminal offense and to what extent the person concerned acted negligently or intentionally. Drunk driving becomes more problematic if other offenses are committed in addition to alcohol, e.g. hit-and-run. In this case, you should not make any statement and call on Impaired Driving Lawyers in Calgary. Drunk driving - intent or negligence In the case of drunk driving, the answer to intent or negligence is, to put it simply, the difference between “I can still drive” and “Well, actually, I can’t drive anymore.” From a legal point of view, there is a big difference between someone who could see the danger and for various reasons did not see it, and whether he accepted it approvingly or even deliberately exposedhimself and others to this danger. In the former case, he would have acted negligently, in the latter he would have acted intentionally. But beware! The courts will of course examine all the circumstances to answer the question of guilt. As an excuse, the argument "I thought I could still drive" is only partially suitable. To put it bluntly, a 100 kg man will probably believe the claim that after three bottles of beer he still felt able to drive his car safely. Probably not for a woman who is half the weight.
When the BAC limit is passed by the driver, the question of negligence no longer arises. Because anyone who is considered absolutely unfit to drive is assumed not to be able to assess themselves correctly and at least accept the danger. From a high blood alcohol level, it is therefore always assumed that the driver acted intentionally. What to do if you get caught in a police check? Important: If you get caught in a police check and may have drunk too much, you should generally refuse the breath alcohol test as that is your right. A blood test may then be ordered. You cannot refuse this. However, state clearly that you do not agree to the blood test. This procedure significantly increases your chances of getting away with the least penalties in the later proceedings, since procedural errors are made again and again. The top priority is: Do not make any statements! All information, especially about how much or what you have drunk, can usually only worsen your situation. Talk to a Dui Lawyer first before you put yourself in a problematic situation. A possibly mitigating statement can be made later at any time after this has been agreed with your defense lawyer.