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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 DUIs Resulting in Administrative Charges
Tagged Criminal Defence BlogMay 22, 2015
In an article posted last week, I explained the basic differences between a Calgary DUI charge resulting in administrative penalties, and the more serious criminal penalties that cam come with an impaired driving charge resulting from a higher BAC or blood alcohol content. While taking to Calgary's streets with any level of any type of intoxicant in your bloodstream is unwise for your safety and the safety of others, it's important to understand the legal distinction that exists between these two types of DUI charges.
A quick recap: licensed drivers with BAC of less than .05 are generally legal to drive, though if your ability to operate a vehicle is at all impaired by alcohol you can be charged with a DUI, regardless of your BAC. A measured BAC between .05 and .08, in Calgary and elsewhere in Alberta, will result in an impaired driving charge that carries only administrative penalties. With a BAC over .08, Calgary drivers will be facing mandatory criminal charges and could potentially have a criminal record if convicted.
This article takes a closer look at the administrative penalties for lower BAC DUIs detected by Calgary law enforcement.
Get the Details on Administrative DUIs in Calgary
The very first time you are arrested for a DUI and found to have a BAC between .05 and .08, your car will be immediately seized and your license immediately suspended, both for three days. If you face a second administrative impaired driving charge in Calgary, your car will be impounded for seven days and your driver's license suspended for 15, and you will be required to attend a "Planning Ahead" course to help prevent subsequent DUIs.
Third and subsequent DUI offences will each result in a 30-day suspension of your driver's license and a 7-day seizure of your vehicle. You'll also need to attend a course that details the impacts of impaired driving on Calgary and other communities, helping you understand the dangers of driving while under the influence of alcohol or drugs.
Though these administrative penalties aren't as severe as the criminal penalties we'll be looking at in another upcoming article, you can see that they are quite disruptive. The goal is to convince everyone in Calgary to stay off the road whenever they've had a few drinks, and until that goal is met you can expect these harsh administrative penalties to remain in place.
A Calgary DUI Lawyer Can Help Prevent Automatic Penalties
Though every impaired driving case is different and no outcome can ever be guaranteed, a Calgary DUI lawyer might be able to help have your administrative or criminal DUI charge dismissed without any penalties. In other cases, charges and penalties can be mitigated due to a variety of circumstances. To get informed and experienced advice for your case, contact Calgary DUI defence lawyer David Chow today.
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