New rules, including automatic sanctions brought in by the Government of Alberta have significantly reduced impaired driving in Calgary. The offence includes charges on impaired driving (drunk driving) cases, driving under the influence of intoxicating substances, etc. However, many residents of Calgary are accused under impaired driving and criminal traffic violations.
Unfortunately, even the responsible drivers can also be accused.
The police may stop you at anytime if they suspect you were driving impaired. You may be charged on the basis of the following offences that fall under impaired driving.
1. Drunk driving cases, under drug intoxication (this includes the intoxication caused due to medicines)
2. Driving a vehicle when you are under the influence of alcohol
3. Failing to provide the breath analyzer test when requested by the police
So, even if you haven’t consumed alcohol, but failed to take the roadside breath test, you will be charged. In addition, it is possible to be charged under this section due to medicinal intoxication. Yes, even certain prescription medicines may intoxicate you and put you in trouble.
Beyond these circumstances, you may be charged under criminal traffic violation, which includes, dangerous driving, leaving the scene of an accident (hit and run), evading the police.
Drinking and driving cases are categorized under two provisions, one being a provincial offence and the other a criminal offence. When the alcohol content exceeds the limit .005 but not more than .008, it is an administrative offence. When it exceeds .008, it becomes a criminal offence and you are charged under impaired driving criminal code.
When you are charged under any of the provisions for impaired driving, the law in Canada suspends your license for 12 months for the first time convicts. When your license is suspended, you are not allowed to drive for that period. The fine for a conviction range starts at $1000. However, when impaired driving cause’s death, you may be facing a sentence of life imprisonment.
When you are accused of impaired driving causing death, do not resist arrest but speak to a lawyer immediately. If you are arrested avoid giving any statements, or provide a breath sample unti you consult a criminal lawyer.
As per law, you will be allowed to contact a criminal defence lawyer immediately after arrest. Regardless of the charges imposed on you, under the Constitutional Charter , the accused has the right to consult a criminal lawyer. A Calgary lawyer is best suited to help you. If you couldn’t find an expert lawyer, the police will provide you a list of criminal lawyers, who have expertise in attending impaired driving cases. Besides, if you cannot afford to hire a criminal lawyer, the police will provide you a list of legal counsel who offer free legal advice.
Whether the accused is guilty of impaired driving or not, a criminal lawyer may be required to avoid the impaired driving penalties on drinking and driving conviction. Besides, a good criminal lawyer essential for a positive outcome, especially to dismiss the impaired driving charge.