Impaired and Drunk Driving: Compare Criminal Lawyers

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A charge for impaired driving has serious consequences.

It only takes one too many drinks for your bright future to take a dramatic turn! With good reason, the law provides significant consequences and penalties for anyone found guilty of impaired driving!

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WHAT OTHER SUBSTANCES BESIDES ALCOHOL CAN LEAD TO CHARGES? Can I be charged if I have used Cannabis? Absolutely! The legalization of cannabis may have had the effect of allowing recreational and medical use but by no means has it allowed a user to get behind the wheel.

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WHAT ARE THE PRINCIPAL LAWS FOR DRUNK DRIVING?

1 (581) 204-4224 The Criminal Code is the law that provides for the most serious penalties for a conviction. It is provided in this same code that a person found guilty of driving with a blood alcohol level greater than 80mg of alcohol per 100ml of blood will be subject to a minimum fine of $1000 in addition to being given a judicial record.

The Highway Safety Code provides for sanctions that will have the greatest impact on a daily basis, namely the suspension of your license as well as the conditions necessary to recover it!

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WHAT ARE THE DEFENSES AGAINST DRINKING AND DRIVING CHARGES?

1 (581) 204-4224 It goes without saying that the law does not leave the accused defenseless, regardless of the crime committed. Drunk driving is no exception to this principle and several defenses can be raised by your criminal lawyer to completely exonerate you or, at least, to minimize its consequences. Here is where your best chances of success lie!

“Last drink” and “after drink” defenses: outdated defenses!

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The last drink defense allowed an accused to exonerate himself by claiming to have had a drink just before getting behind the wheel and, because of this short delay, he had not yet metabolized the alcohol consumed, thus making it fit for him to drive.

In contrast, the after-drink defense is asserting that you had drinks after getting behind the wheel, but before getting tested. In either case, these defenses have become inadmissible.

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Illegal interception by the police: Although the police have control over vehicles traveling on public roads, they must still have a reason for intercepting a vehicle, such as: Road safety control, The mechanical defect of the vehicle, License verification A sobriety check If you can show that the police stopped you without reasonable cause, then it will become possible to make the blood alcohol tests inadmissible.

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Denial of the right to a lawyer: During an arrest, a police officer must inform you of your right to a lawyer and is even required to help you contact one. If a police officer fails to inform you of this right or denies it to you altogether, the charges may be dropped.

Arrest without reasonable Cause: Like interception, the arrest of an individual for an alleged crime must be based on reasonable and concrete grounds. Moreover, the burden of proving these falls on the crown when the time comes to go to trial!

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Lack of proof beyond a reasonable doubt! The best way to have any criminal charge dropped is to sow doubt in the judge’s mind. This will be done by attacking flaws in police procedure, the grounds for interception, and the reliability of blood alcohol tests.

As the conviction must be based on proof of guilt beyond a reasonable doubt, the role of your defense lawyer will be to find loopholes in the evidence presented against you.

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DRUNK DRIVING: MYTHS VS. REALITY Hundreds of Quebecers are arrested each year for impaired driving. This is to say that almost everyone knows directly or indirectly someone who has been caught in such circumstances.

An inevitable corollary of this state of affairs is the spread of myths and falsehoods that we are highlighting for you!

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IF I DON’T BLOW, I CAN’T BE DOOMED!

1 (581) 204-4224 False! Refusing to submit to the blood alcohol test ordered by the police has serious consequences. If you thought you would get away with simply refusing the test, think again; you could make your situation worse. Indeed, such refusal is in fact a criminal offense.

You could, therefore, be taken to court to answer these charges and be fined more than $2,000 if you are found guilty. Not only that, but your refusal will also allow the judge to make presumptions about your level of intoxication which will help the crown to prove your impaired driving.

IF I SLEEP IN MY CAR WHILE INTOXICATED, I AM NOT COMMITTING AN OFFENSE!

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False! The section of the Criminal Code condemning drinking and driving also provides for the concept of “the care and control of the vehicle while intoxicated”. This means that an individual who decides to sleep or wait in his vehicle while intoxicated by alcohol is also subject to criminal charges. .

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IF MY BLOOD ALCOHOL LEVEL DOES NOT EXCEED “0.08”, I CAN GO BACK AS IF NOTHING HAD HAPPENED! False! The legal blood alcohol level of 80 mg of alcohol per 100 milliliters of blood is a felony but that doesn’t mean you haven’t committed the offense of impaired driving. Because coordination tests may be required and saliva tests may be taken, you are not out of the woods if these tests are inconclusive.

In fact, a police officer can arrest you if they think you are driving under the influence of a drug and alcohol that makes you dangerous.

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THE BLOOD ALCOHOL TEST (BLOW) IS THE ONLY EVIDENCE ADMITTED! Still wrong! Police testimony, their observations during the arrest, saliva, coordination tests, and a host of other criminal evidence may be admitted to prove your guilt.

Keep in mind that you are charged with a felony when you are arrested for drinking and driving! Do not be surprised, therefore, that all means are taken to convict you. Take the trouble to hire a lawyer specializing in this type of offense!

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WE HELP YOU FIND THE BEST LAWYERS FOR DRINKING AND DRIVING CHARGES