Criminal DEFENCE Blog
general information about the field of calgary criminal law
Your Defence Under Calgary's DUI Laws
Posted in CRIMINAL DRIVING OFFENCES andJuly 23, 2015
The Newer Calgary Impaired Driving laws You Need to Be Aware Of
In Calgary and throughout Canada, the average person convicted of DUI will have their license suspended for one year and be fined $1,500.
If a driver has a blood alcohol level over .08 or is impaired by other drugs, they will likely face criminal charges in a Calgary court. Calgary defence lawyers are experienced in dealing with charges of drunk driving and driving while intoxicated, so their presence in the courtroom will be beneficial.
Upon being charged with DUI, the law requires that a person’s license be suspended immediately. If this is their first time being accused of driving drunk, their vehicle may be seized for 3 days and they can be required to take a course about the dangers of driving while intoxicated called “Planning Ahead."
Subsequent charges of DUI or impaired driving can result in longer vehicle seizures and additional courses on drunk driving that are offered in Calgary. It is your right to have a Calgary defence lawyer present at any court proceedings that take place as a result of DUI charges laid against you.
One of the biggest changes to Calgary's drunk driving laws is the installation of an ignition interlock device for anyone convicted of a criminal offence for driving while intoxicated. This does not include those convicted of an administrative offence with a blood alcohol level between .05 and .08. These devices, which require drivers to blow into a "breathalyzer" and register a BAC below .05 before their vehicle will start, can be installed in convicted drivers' vehicles for up to 5 years. The length of time this device will be required depends on how many impaired driving convictions a person has received.
Calgary DUI defence lawyers also want you to be aware that there are consequences for driving with a blood alcohol level between .05 and .08. These include a three day license suspension and vehicle seizure, potential fines, and in some cases you’ll also be required to take a course on drunk driving.
Calgary Defence Lawyers Want You to Know - Drunk Driving Affects Many
Driving while intoxicated puts the drunk driver and everyone else on the road at risk. Calgary's impaired driving defence lawyers have been involved in cases where a drunk driver is being charged with manslaughter due to an accident that happened while they were behind the wheel.
It is possible that someone convicted of DUI will spend time in jail or on probation. This can make it impossible to keep commitments to employers and loved ones. A DUI charge doesn't just affect one person; it affects whole families and the Calgary community at large.
Having said all of this, Calgary impaired driving lawyers also want you to know impaired driving and impaired driving investigations often result in incursions of a person’s Charter protected interests. These types of investigations require strict adherence to rules mandated in the Criminal Code of Canada. It is not unusual for law enforcement to ignore Constitutional protections, abuse power or fail to adhere to the rules within the Criminal Code. With that in mind, impaired driving indeed impacts us all. It not only impacts the safety of persons on the road but the investigation and prosecution of impaired driving cases sometimes impacts fundamental protections woven into law, designed to protect all persons from abuses of State power.
Contact an Experienced Calgary DUI Defence Lawyer
If you or a family member has been charged with a DUI or has recently been arrested for suspicion of impaired driving, you need a Calgary defence lawyer with experience handling these cases and your best interests at heart. Contact the offices of David G. Chow today for a free consultation, and take the time to speak to a DUI lawyer about your case. It's time well spent when your future is at stake.
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