calgary defence blog
A Defence lawyer's perspective on issues in criminal law
Please be aware that all commentary in my blog is designed to promote discourse on a variety of topics. Though I certainly do some research on the topics discussed and often offer my "two-cents", please keep in mind that nothing I say in this blog is meant to be taken as authoritative on any subject. My comments are really just me exercising my freedom of expression for the purpose of offering some insight on topics related to the practice of criminal law. As with all topics of discussion, it is important for you to be critical. If you need a defence lawyer, please call 403.452.8018 for a free telephone consultation or consult with an experienced Calgary criminal lawyer. Happy reading! Happy watching!
Calgary DUI Laws and Ignition Interlock Devices
Tagged Criminal Defence BlogMay 14, 2015
Every Calgary DUI case is unique, and an effective impaired driving defence lawyer will approach each case individually and with a careful eye to its specific details. Due to the [DUI laws in effect in Calgary] (http://www.transportation.alberta.ca/impaireddriving.htm) and throughout Alberta, though, there are some outcomes to impaired driving convictions that are applicable in every DUI case, and one of them can cause a serious, ongoing disruption to your life and potentially your livelihood.
Not drinking (or doing drugs) before you drive is the easiest way to avoid this arduous penalty, of course, though even that level of responsibility isn't a foolproof way to avoid a DUI charge—Calgary Police, sometimes with the best intentions, have levied impaired driving charges against drivers who were not, in fact, intoxicated at the time of their arrest. Yet regardless of the circumstances of any individual charge, drivers facing a DUI charge in Calgary are also facing the possibility of having an ignition interlock device attached to their vehicles for a year or more, and this can be more onerous than you might think.
When Calgary Drivers are Forced to Install an Ignition Interlock
In theory, ignition interlock devices are very simple. They attach to your car's steering column and prevent the car from starting without a breath sample being delivered and deemed to be below the legal alcohol limit for operating a car—you blow into a tube, the device measures your BAC (blood alcohol content, or in this case, breath alcohol content), and as long as you haven't been drinking you're able to turn the key and start your car.
In reality, however, many Calgary drivers with ignition interlock devices can expect to experience problems. False positives occur when, for a variety of reasons, a driver who has not been drinking blows into the device, and the device registers a BAC over the legal limit. This can represent a simple failure or malfunction of the device, and can possibly be caused by certain environmental and/or dietary factors as well; the use of an alcohol-based mouthwash, for example, or eating/drinking certain foods and beverages that release molecules that can trigger the device.
The end result is drivers can find themselves unable to start their vehicles through no fault of their own, but due to an automatic penalty imposed by the DUI laws in effect in Calgary. A false positive can lead to further legal consequences, too, including a prolonged requirement to use an ignition interlock device, making the cycle continue indefinitely.
A Calgary DUI Lawyer Can Help with Your Ignition Interlock Device
Your best bet when it comes to ignition interlock devices is never needing to use one. While no defence lawyer in Calgary can guarantee such an outcome for your DUI case, an experienced DUI lawyer will have a better chance of having your charges dismissed or having certain penalties mitigated, allowing you to live your life normally and productively without ongoing intrusions. If you or a family member has been charged with a DUI in Calgary, contact the office of DUI lawyer David Chow today and ensure your rights and interests are protected.
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