Introduction
Under section 320.14(1) of the Criminal Code of Canada, operating a conveyance while impaired by alcohol or drugs constitutes an offence. A conveyance includes cars, vessels, aircraft, and railway equipment. You are considered impaired by alcohol if your blood alcohol concentration is .08 percent or higher, for drugs like THC, you are impaired if your blood concentration reaches or exceeds two nanograms per millilitre. Impaired driving is a significant concern in Canada, as reported by the Canadian Department of Justice, which identifies it as the leading criminal cause of death and injury. Consequently, impaired driving charges are taken very seriously, with penalties ranging from fines to life imprisonment depending on the offence’s severity. A skilled and experienced criminal defence lawyer Hamilton can defend your case.
Given the gravity of these charges, each case is assessed on its own merits, with potential defences and mitigating factors that could influence the outcome and penalties. If you are facing an impaired driving charge, it is crucial to consult with a qualified impaired driving lawyer Hamilton promptly to understand your options and safeguard your rights.
Impaired Driving under DIU
Drinking and driving, “DUI,” over 80, impaired driving, refusing to provide a breath sample, and impaired care and control are all related terms referring to the same phenomenon: an individual has consumed alcohol in such a quantity as to make driving or being able to drive a criminal offence. In Canada, “Driving under the Influence (DUI)” and “drinking and driving” are not the proper terms in the Criminal Code. The correct way to refer to these concepts is “impaired driving” and “over 80” which are separate offences in law.
Consequences of impaired driving under DUI Charge
Licence Suspension
The consequences of a DUI charge extend beyond the Criminal Code of Canada. In Hamilton, the Highway Traffic Act imposes additional penalties, including a licence suspension. For a first-time offender, this suspension can last up to one year, while a third offence may result in a lifetime suspension. To regain their licence, individuals must often meet certain conditions, which may include attending educational or treatment programs.
Other Consequences
An impaired driving charge can significantly disrupt an individual’s life. Court proceedings are often time-consuming and costly, requiring individuals to take time off work. A licence suspension can lead to job loss for those who depend on driving for their employment. Furthermore, having an impaired driving charge on your criminal record can severely impact future job prospects and other aspects of life.
Penalties for Impaired Driving Charges
The penalties for impaired driving can vary widely based on several factors, including whether it is your first offence and the specifics of the case. Generally, first-time offenders face less severe penalties, while repeat offenders encounter progressively harsher consequences.
Penalties for a First-Time Offence
- Blood Alcohol Concentration (BAC) of 80-119 mg: Mandatory minimum fine of $1,000
- BAC of 120-159 mg: Mandatory minimum fine of $1,500
- BAC of 160 mg or more: Mandatory minimum fine of $2,500
- Refusal to Provide a Sample: Mandatory minimum fine of $2,000
- Criminal Record: Yes
- Licence Suspension or Revocation: Yes
- Imprisonment: Up to a maximum of 10 years
Penalties for Subsequent Offences
- Second Offence: Mandatory minimum of 30 days imprisonment
- Third or More Offences: Mandatory minimum of 120 days imprisonment
- Impaired Driving Causing Death: Potential for life imprisonment
Additional Consequences
Beyond the criminal penalties, you may also face:
- Vehicle Impoundment: Your vehicle may be seized.
- Rehabilitation or Educational Programs: Attendance may be required.
- Ignition Interlock Device: Installation required to drive a vehicle.
Penalties are generally more severe if you are found to be impaired by both drugs and alcohol or if you refuse to comply with a breath or blood sample request.
Legal Defenses to DUI or Impaired Driving Charges
Facing a DUI or impaired driving charge can be daunting, but several effective defences may be available to challenge the charges. If you’ve been charged, it is crucial to consult with an experienced lawyer who can help identify and pursue all possible defences in your case.
1. Proper Arrest Procedures
In Canada, the Charter of Rights and Freedoms guarantees several rights during an arrest, including the right to remain silent and the right to speak with a lawyer. If the police violated any of these rights during your arrest, it may provide grounds for reducing or dismissing the charges. Consulting a criminal defence lawyer promptly after your arrest can help determine if any Charter rights were breached.
2. Challenging the Evidence
In impaired driving cases, the Crown prosecutor must prove the case beyond a reasonable doubt. This includes demonstrating that all legal and technical procedures were properly followed. For example, if the breathalyzer test was administered incorrectly, or if the machine was not properly calibrated or maintained, the test results could be contested. Demonstrating issues with the reliability of test results can significantly weaken the prosecution’s case.
3. Unlawful Traffic Stop
Police officers must have reasonable and probable grounds to initiate a traffic stop. This means more than just a vague suspicion of impairment; it requires concrete reasons such as a traffic violation or unsafe driving behaviour. If it can be shown that the officer did not have valid grounds for the stop, this could be a violation of your rights. If proven, it may lead to the dismissal or reduction of the charges.
4. Inaccurate or Faulty Testing
Breathalyzer tests and other impairment tests must be administered correctly and accurately. If there were errors in how the tests were conducted or if there were issues with the equipment used, these factors can be used to challenge the validity of the test results. A skilled lawyer can scrutinize the procedures and equipment used in your case to uncover any potential issues.
5. Medical or Environmental Factors
Certain medical conditions or environmental factors can affect the results of impairment tests. For instance, conditions like diabetes or acid reflux can cause elevated readings on a breathalyzer. Additionally, factors such as mouth alcohol from recent consumption of certain products can skew results. Presenting evidence of these factors can help challenge the accuracy of test results.
Each case is unique, and the right defence strategy depends on the specific circumstances of your case. An experienced DUI lawyer will thoroughly review your case to identify and leverage the most effective defences.
The Charter of Rights and Its Role in Impaired Driving Cases
Your Rights Under the Charter
In criminal cases, including those involving impaired driving, the Charter of Rights and Freedoms guarantees crucial protections. If you are investigated and detained by the police, you have the RIGHT to contact a lawyer and be represented by one in court. This right is particularly vital in the complex field of impaired driving investigations, where understanding the nuances of the law and facts is essential.
Police Obligations and Evidence Challenges
The Charter imposes significant obligations on the police to uphold your rights during an investigation. In impaired driving cases, the police are required to fully comply with these obligations. This compliance is crucial as it opens opportunities for your lawyer to challenge the evidence if these obligations are not met.
When police violate Charter rights during an investigation, any evidence obtained may be deemed inadmissible in court. Defence lawyers skilled in handling impaired driving cases are trained to identify such violations and use them to challenge the prosecution’s case. Often, these Charter violations provide a pathway to a successful defence.
Beyond the Charter
While Charter violations are a critical aspect of defence, they are not the only avenue available. Police procedures and technology also play a significant role in defending impaired driving cases. The evidence in such cases often includes police observations, civilian witness statements, and breathalyzer results. These types of evidence can be fraught with issues.
A skilled impaired driving lawyer will scrutinize this evidence for inconsistencies and flaws. By identifying these frailties and exposing relevant evidence, a criminal defence lawyer Hamilton can build a strong defence. As the law evolves, navigating these complexities is where effective legal defence makes a substantial impact.
Importance of Finding the Right Experienced Criminal Defense Lawyer for Your Impaired Driving Case
Navigating the complexities of a police impaired driving investigation is essential for a strong defence. At our firm, we specialize in understanding and analyzing police procedures and have been actively teaching impaired driving defence to lawyers across Canada and the United States. Don’t let an impaired driving charge derail your life. Impaired driving lawyer Hamilton focuses exclusively on criminal impaired driving cases, and we are here to provide the expert defence you need. Contact them today to discuss how they can assist you in securing the best possible resolution for your case. Impaired driving, whether due to drugs or alcohol, poses significant risks and is treated with utmost seriousness by the Canadian criminal justice system. However, defending against such charges is not only possible but also crucial.
The defences available in impaired driving cases can vary greatly depending on the specifics of each case. This is why consulting with an experienced impaired driving lawyer is essential if you face such charges. A skilled lawyer will work closely with you to build a robust defence strategy tailored to your situation. Their expertise can help minimize or eliminate potential penalties, ensuring your rights are protected throughout the legal process.