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DUI

Why Hire a Paralegal for your Traffic Ticket?

We’ve had several meanings of DUI and it’s becoming more confusing to narrow down the meaning of the acronym. Anyone charged for impaired driving was at some point in a stationary/moving vehicle while intoxicated. Under section 320.14 of the Canadian Criminal Code, a driver can be charged for impaired driving when he/she is caught operating an automobile under the influence. DUI (driving under the influence) attracts grievous consequences in Canadian law.

Canadian residents can try to justify driving under the influence but the law wins most of the time. Winning a DUI charge requires the expertise of a Canadian DUI lawyer. An expert helps the defendant solicit using the loopholes and grey areas of the charge.

If repeated, an offender of a DUI charge would do prison time at a Canadian correctional facility.

You can be charged with DUI when operating a vehicle while:

  • Intoxicated by or consumed alcohol or drugs (or a combination of both)
  • Not driving cautiously because your ability was affected by the consumption of drugs or alcohol

When Can I be charged with a DUI in Canada?

In Canada today, you don’t have to exceed the legal blood-alcohol limit to get a DUI charge. The blood-drug and blood-alcohol limits are there to help drivers realize that they are drunk. Remember, however, that not everyone needs to be completely drunk to drive recklessly. Many drive recklessly with just a little content of alcohol or drugs in their bloodstream. You can get charged with impaired driving when alcohol or drugs is found in your blood.

If either or both substances affect your decisions or your ability to drive cautiously, you’d get a DUI charge. Yes, to any degree. Making the slightest uncalculated turn or honking the horn for no reason. Pretty much any sign that makes an arresting officer suspects that your ability to drive responsibly should be questioned.

Depending on the results of the blood tests and the arresting officer’s statement, a driver could be charged with more driving offenses like:
  • Over 80: operating a vehicle while exceeding the blood-alcohol limit (section 320.14)
  • Operating a vehicle while exceeding the legal-drug limit (section 320.14)
  • Refusing a blood-drug or blood-alcohol test (section 320.15)
  • Dangerous/Reckless driving (section 320.13)
  • Criminal negligence (section 219)
  • Driving with a suspended, expired, or fake license (section 320.18)
  • Possible hit-and-run charge (section 320.16)

How the Police assess whether you are Impaired?

By law, Canadian police can stop and check vehicles when they sense any suspicious activity. This often includes asking the driver if he/she has recently consumed drugs or alcohol. Even when drivers do not have to reply to these questions, officers have to ask anyway.

Above all, avoid being physical or hostile with the police during questioning. Drivers are only mandated by law to provide the police with their license, insurance documents, and car ownership papers.

Roadside Tests

The police officer has the right to request a roadside test.

Sadly, drivers cannot refuse the tests or consult their layers before taking the roadside test. Police officers do not just go about requesting roadside tests from every driver on the highway. They only request a test when they’ve carefully observed and judge the following:

  • The driver’s appearance
  • The driver’s answers to their questions
  • The driver’s physical movement
  • Whether or not the driver rinks of alcohol
  • The driver’s breath-screening test for alcohol
  • The driver’s result of the Standardized Field Sobriety Test (SFST)
  • The driver’s oral fluid (saliva) sample for drug impairment

What is the Mandatory Roadside Breath Test?

From the recent changes to the Criminal Code, Canadian officers do not need more reasons than a hunch to subject a driver to the test. Officers can have random mandatory roadside breath tests on many drivers in their shifts. Screening for alcohol impairment should not be seen as an act of authority abuse. These laws are designed to protect Canadian residents. Being stopped for a traffic violation or vehicle check often attracts a breath test nowadays.

Testing Done at the Police Station or Medical Facility

If the police officer insists on further testing beyond the checkpoint, you have the right to call a lawyer.

You have the right to nicely decline the officer’s request to subject you to a test at a medical facility. These testing are sometimes required to get additional information on how intoxicated a driver is while driving. Further testing may include:

  • Verification of the roadside test
  • Evidentiary breath-screening test
  • Body fluid sample test
  • Drug Recognition Evaluation (DRE)

 

By refusing to take the test or provide the requested test sample you may be charged under the Criminal Code Offence.

Need help with DUI related issues?

Contact Salahi Paralegal today on how to handle your DUI woes.

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