Why hire a criminal lawyer specialized in drunk driving for a charge?
Drunk driving offenses are among the “most popular” in Quebec.
However, this does not make it a lesser offense, far from it! The consequences of drunk driving lead to criminal records, hefty fines and the revocation of your driver’s license. Recidivism can even land you behind bars…
Given such consequences, it is absolutely essential to ally yourself with a specialized criminal lawyer, capable of defending you.
See why it is in your interest to hire a criminal lawyer specialized in drunk driving, and fill out our form to get in touch with a lawyer in your area for free.
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Is a criminal lawyer necessary for a drunk driving offense?
A guilty verdict for a drunk driving offense can leave you with a criminal record and a revoked driver’s license.
And recidivism is not forgiven when it comes to drunk driving, as it leads to minimum prison terms, and the revocation of your driver’s license for several years.
It is therefore obvious that you need a criminal lawyer SPECIALIZED in drunk driving to represent you.
Drunk driving is a delicate offense to counter, and for which absolution is not an option. It is therefore essential to negotiate the dropping of charges with the prosecutor, or to obtain a not guilty verdict at the end of the trial.
But why is the criminal lawyer the best qualified professional to represent you?
The criminal lawyer is actually the only professional qualified and authorized to represent you in drunk driving cases. His many years of practice in the judiciary make him your best chance to extricate yourself from the charges against you.
See why it is in your interest to quickly solicit a criminal lawyer specialized in drunk driving cases.
What are the advantages of hiring a criminal lawyer for impaired driving?
Hiring a criminal lawyer for impaired driving is more than advantageous, it’s essential. Here’s why!
The criminal lawyer knows the Criminal Code and Bill C-2 in detail
The Criminal Code is the law that provides for the offense of impaired driving, while the bill (adopted in 2008) frames the rules of evidence concerning the collection of breath samples (Breathalyzers and others).
The criminal lawyer knows these laws inside out, which allows him to represent you adequately, but also to quickly identify your chances of success.
The criminal lawyer can negotiate with the prosecutor
The offense of drunk driving is not the easiest to negotiate with the prosecution’s prosecutors, especially if a breathalyzer test has been failed and all procedures have been respected.
However, negotiations with the prosecutor are an integral part of a criminal lawyer’s expertise. Your lawyer will therefore try to get the charges dropped, or to negotiate a guilty plea.
A criminal lawyer will quickly identify your means of defense
The means of defense are limited when it comes to drunk driving, and time is of the essence to find the right approach. With several years of experience, criminal lawyers have seen it all, and are able to identify the right defense to raise without delay.
The criminal lawyer knows the police procedures to follow
It is common for a procedural error or a violation of the rights of the accused to justify the abandonment of proceedings in matters of drunk driving. This is a significant asset when planning your defense.
Drunk driving offenses against which a lawyer can defend you!
The Criminal Code provides for several different offenses in matters of drunk driving, so here are those against which a lawyer can defend you!
Driving while impaired by alcohol
The Criminal Code provides that a person commits an offense when driving a vehicle while impaired by alcohol or drugs, regardless of the degree. A person can therefore be found guilty of an offense if the police judge that his faculties are impaired, even if he does not exceed the legal limit.
Driving with more than 80mg of alcohol /100ml of blood
The Criminal Code specifically mentions that a driver who drives with a blood alcohol level of 80mg of alcohol per 100ml of blood commits an offense punishable by sanctions. This blood alcohol level must be measured by the police using an approved detection device.
Driving while impaired by drugs
Driving while impaired can also concern the use of drugs like cannabis. A criminal charge can be brought from 2 nanograms of THC per milliliter of blood.
Custody and control of a vehicle while intoxicated
A drunk driving charge can be brought against you even if you have never started the vehicle. It will be necessary to demonstrate that you were in custody and control of a vehicle (ex: sitting in the driver’s seat) while your blood alcohol level exceeding the permitted limit.
Whatever the specific offense you are accused of in matters of drunk driving, the consequences all lead to a criminal sentence and a criminal record. Make sure to contact a lawyer while there is still time!
When should you contact a criminal lawyer in matters of drunk driving?
It is rarely advantageous to wait before contacting a lawyer when facing criminal justice. And the charge of driving while impaired is no exception to this rule. Indeed, the criminal lawyer is essential at all stages of a drunk driving charge, including these:
From the moment of the arrest
The right to a lawyer applies from the moment of your arrest for drunk driving. Make sure to assert this right, and to contact a legal professional without delay.
When negotiating with the prosecutor
Once the charges have been officially filed against you the criminal lawyer intervenes to negotiate with the criminal and penal prosecutor. Nothing obliges the latter to negotiate, but it is the role of your lawyer to give it a try.
To represent you during the trial
In the event that your charge is brought before a judge, your criminal lawyer will be by your side to assert a strong, full and complete defense. At this stage, the services of a criminal lawyer are indispensable.
The consequences that a criminal lawyer can help you avoid!
Don’t forget that the interest of hiring a criminal lawyer is primarily to avoid the worst consequences of a conviction for drunk driving.
What happens if you are found guilty of a drunk driving offense? Here are the consequences that a criminal lawyer can help you avoid!
| Revocation of the driver’s licence | 1 year for a first offense* *Possibility of an alcohol ignition interlock device |
|---|---|
| The minimum fine | $1000 fine for a first offense |
| Criminal record | A person found guilty of drunk driving is automatically given a criminal record. |
| Imprisonment | A minimum imprisonment of 30 days applies for a 2nd offense. An imprisonment of 120 days is imposed for a 3rd offense. |
| The costs (Regaining driver’s license, interlock device, towing, etc.) | The total costs to be paid in case of a guilty verdict amount to several thousand dollars. |
Consequences will be imposed on you AS SOON as you are arrested!
Even before you are found guilty by a judge, your driver’s license will be suspended for 90 days, and your vehicle could even be seized if your blood alcohol level exceeded twice the legal limit (or in case of repeat offences).
Hiring a criminal lawyer therefore maximizes your chances of obtaining a not guilty verdict, thus avoiding these harmful consequences!
How can a criminal lawyer defend you? Drunk driving defenses!
Criminal lawyers are able to raise several defenses against a drunk driving charge in Quebec!
Here are some of the defenses that could be raised to get you out of a deadlock in impaired driving cases:
- Illegal interception of the driver
- Malfunction of the breathalyzer
- Misuse of the breathalyzer (by the police)
- Delays in breath sampling
- Violation of the defendant’s fundamental rights (Ex: silence, lawyer, etc).
Turn to duicanada.lawyer to find your criminal lawyer without delay. Our referral services are free and extremely effective.
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Don’t make the mistake of facing a drunk driving charge without the help of a criminal lawyer.
Criminal law professionals are true specialists in impaired driving and drunk driving. They are eager to help you, so what are you waiting for to trust such a professional?
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