Experienced Criminal Lawyers for DUI Offences

The impaired driving law is one of the most complex areas in criminal law.  At Capital City Law, our criminal lawyers have over 50 years of combined experience in successfully fighting for clients that are charged with impaired driving offences.  In Canada, there are multiple criminal offences that make up what is commonly referred to as Impaired Driving Law.

Generally, one is charged with two offences under the Criminal Code after an impaired driving arrest:

• First, is the charge of operating a motor vehicle while your ability is impaired by alcohol.  Impaired driving in this context means any degree of impairment whether great or small that affects your ability to drive a motor vehicle.
• Secondly, one also normally faces a second charge of operating a motor vehicle while your concentration of alcohol in the blood exceeds 80 milligrams of alcohol in one hundred millilitres of blood (over .08).    The offence of over .08 is based on the breath sample you provide after an arrest at the police station.

There are many additional areas covered under the complex impaired driving legal framework in Canada.  Some examples include:

• Refusing to provide a sample of your breath into an approved screening device or breathalyzer
• Impaired operation of a motor vehicle that results in causing bodily harm or death
• Having the care or control of a motor vehicle while impaired by alcohol

The immediate consequences of being involved in an impaired driving offence after being charged include an immediate licence suspension and possible enrolment into the interlock program.  As well, a conviction for any impaired driving offence has serious penalties as well. If convicted, a person would then be sentenced.

Sentences for Impaired Driving Offences

Impaired driving offences start with a minimum sentence that would include:

• Permanent criminal record
• One-year driving suspension
• A minimum fine of one thousand dollars

If the facts of an impaired driving charge are more serious, sentencing ranges can be increased to more than the minimum 1 year driving suspension, much larger fines and potential jail sentences.  In addition, second and third driving convictions have increased minimum sentences.  For example, being convicted of a second or third impaired driving offence would likely result in driving suspensions of two years or three years respectively.  As well, second or third convictions for impaired driving could result in minimum jail sentences of 30 days and 120 days respectively.  Finally, if convicted of impaired driving, one can also be punished separately by the Province that could result in even longer driving suspension periods.

You’re entitled to competent legal representation

Anyone accused of any an Impaired driving offence is entitled to have competent, experienced legal representation to assist them through the entire criminal process.  If charged, the DUI lawyers at Capital City Law will help you determine the best course of action to deal with your impaired driving charge.

For some accused persons, a resolution may be possible that avoids a criminal record.  For other accused persons, there may be issues that allow you to avoid the initial driving suspension upon arrest.  The impaired driving law is complex, and you may have multiple defences that are not immediately apparent.

At Capital City Law, we carefully review the circumstances surrounding your arrest and charges.  If there are issues with the Crown Prosecutor’s evidence, or if your Charter rights have been violated, it may be possible to avoid a criminal record and restore your driving privileges.

We at Capital City Law have the skill and experience necessary to protect your rights and to help you make the tough decisions respecting your impaired driving charge.  Please contact us today to speak with one of our experienced criminal lawyers to discuss how we can immediately help you.