Impaired Driving Charges in Calgary
Impaired driving refers to a range of circumstances in which an individual operates a vehicle while under the influence of alcohol or drugs. In Calgary, it is against the law to drive with a blood alcohol concentration (BAC) exceeding 0.08 or when impaired by any substance that hinders one's ability to operate a vehicle safely.
If you’re facing charges related to impaired driving, experienced Calgary criminal defence lawyers can protect your rights and guide you through the legal process.
Legal Consequences of Driving Impaired
Impaired driving charges can result in severe ramifications, and Calgary enforces strict laws and penalties to prevent it. In addition to consulting a criminal lawyer, it’s crucial to understand the following terms and concepts:
- Criminal Charges: Impaired driving is a criminal offence in Canada. A conviction can result in a criminal record, affecting your employment opportunities and travel plans.
- Licence Suspension: When facing charges of impaired driving, your driver's licence will typically be suspended, often with immediate effect. Suspensions can last for months, depending on the circumstances of the case.
- Driving Under the Influence: A charge for driving under the influence (DUI) is issued when a driver’s BAC exceeds the legal limit. The penalties for a DUI conviction are substantial, including heavy fines, licence suspension, a criminal record and the potential for imprisonment. Your Calgary criminal defence lawyer will work on your behalf to mitigate these penalties.
- Immediate Roadside Prohibition: When a law enforcement officer suspects that a driver is impaired by alcohol or drugs, they have the authority to issue an Immediate Roadside Prohibition (IRP). This results in an immediate licence suspension, vehicle impoundment and financial penalties. Administration of IRPs does not require criminal charges.
- Refusing a Breathalyzer Test: Refusing to provide a breath sample when requested by law enforcement comes with substantial penalties. These repercussions may encompass a licence suspension, financial fines and mandatory participation in education programs that highlight the dangers and consequences of impaired driving.
- Fines and Fees: Fines for impaired driving are substantial, and you may also be required to pay various administrative fees.
- Ignition Interlock Program: In some cases, you may be required to install an ignition interlock device in your vehicle, which tests your BAC before allowing the car to start.
How to Defend Against Impaired Driving Charges
If you’re facing impaired driving charges in Calgary, you have the right to defend yourself. Here are some strategies to consider:
- Seek Legal Representation: Hiring an accomplished criminal defence lawyer in Calgary is crucial. They can assess your case, help you understand the charges, and build a strong defence.
- Challenge the Evidence: Your lawyer may challenge the evidence against you, including the validity of the initial traffic stop, the accuracy of breathalyzer tests or the conduct of law enforcement.
- Explore Alternatives: Depending on your situation, your lawyer might negotiate a plea bargain or explore alternatives to a criminal conviction.
How to Avoid Impaired Driving Charges
Prevention is the best way to steer clear of impaired driving charges. Here are some practical steps you can take:
- Plan Ahead: If you’re going out for a night of drinking, plan for a designated driver, take public transportation or use rideshare services.
- Use Technology: There are various apps and devices available that can help you monitor your BAC. These can be helpful tools to ensure you’re not over the legal limit.
- Educate Yourself: Understand the legal limits and penalties for impaired driving in Calgary and make responsible choices accordingly.
Calgary Criminal Defence Lawyers
If you’re facing impaired driving charges, seek the assistance of a lawyer who can provide guidance and successfully advocate for your rights. With over 30 years of experience, Muenz Criminal Law’s skilled Calgary criminal defence lawyers are here for you.
Call 403-543-6666 or complete our contact form to request a free consultation.