ALL the defenses against a drunk driving charge!
It is often said that drunk driving is an offense against which it is difficult to defend. But is this really the case?
It all depends on the circumstances, but it must be admitted that a impaired driving offense has few defenses to exonerate the driver.
And that’s why the services of a specialized criminal lawyer are essential to raise a strong defense against such a charge!
duicanada.lawyer presents you with ALL the defenses that could be raised to avoid a conviction.
Check out these defenses right here and fill out our form to quickly and freely get in touch with a qualified drunk driving lawyer. Your defense depends on this professional!
What are the consequences if you are found guilty of drunk driving?
Pretty much everyone knows that drunk driving is not tolerated.
And the law has affirmed this principle loud and clear by providing severe consequences such as immediate suspension of the driver’s license, seizure of the vehicle (depending on the case), imposition of a criminal record, a minimum fine of $1000 and even imprisonment.
Recidivism only worsens the consequences of drunk driving. Here is the proof!
For a first drunk driving offense
A 1st offense related to drunk driving comes with an administrative suspension of the driver’s license for 90 days, a minimum fine of $1000, a driving ban of 1 to 3 years and a criminal record.
An ignition interlock must also be installed to retain the right to drive during the ban. The blood alcohol level at the time of the offense can increase the fine up to $2000.
For a second drunk driving offense
A minimum imprisonment period of 30 days is imposed for a first repeat offense. An absolute driving ban of 3 months will be imposed on the driver, and a ban of 2 to 10 years may be ordered. In the case of a third drunk driving offense, the minimum imprisonment period increases to 120 days.
Whether it’s your first or nth drunk driving offense, one thing remains unchanged: you always need a lawyer to represent and defend you!
Drunk driving: why do you need a criminal lawyer to defend?
Hiring a criminal lawyer is the best way to defend against a charge of impaired driving.
The expertise and knowledge of the criminal lawyer are unparalleled in drunk driving cases, and here’s why you should hire one:
A qualified lawyer knows how to choose the right defense
Defenses are limited in drunk driving cases, and the slightest details count to obtain a not guilty verdict. The criminal lawyer knows the system well enough to choose the defense that suits you.
The criminal lawyer can negotiate with the prosecutor
An impaired driving charge is negotiable! It only takes the prosecutor to agree to negotiate, and your lawyer to convince him to drop the charge.
Only a criminal lawyer can defend you in court
In court, only a lawyer is competent and authorized to represent you before the judge. His advocacy skills are used to your advantage, which maximizes your chances of being declared not guilty!
What are the possible defenses in drunk driving cases?
In recent years, new laws have limited possible defenses in drunk driving cases to tighten the screws on intoxicated drivers. However, this does not mean that you are condemned in advance.
Here are some of the defenses that could get you out of a deadlock!
Insufficient proof of driving or control and custody
Drunk driving is a criminal charge. The evidence must therefore be demonstrated beyond a reasonable doubt!
It is possible to attack the evidence collected by the police and the prosecutor by arguing that it does not conclusively prove that the accused drove his vehicle while intoxicated. The evidence identifying the driver can be contested.
It is also possible to attack the charge of control and custody.
This charge targets individuals accused of having control and custody of a vehicle while their blood alcohol level exceeded the permitted limit. Proving that there was no risk of starting the vehicle or that the driver had an alternative plan could allow him to get out of a deadlock.
It is up to the prosecutor to bear the burden of proving illicit conduct beyond a reasonable doubt, so defenses generally consist of challenging the sufficiency of such proof.
Inadequate use of the breathalyzer (ADA)
It is possible to blame the police for neglecting the rules of the art in handling the breathalyzer.
The use of a non-compliant breathalyzer can therefore serve as a means of defense, as the result of this same test is the most incriminating evidence against the accused.
The law also regulates the type of breathalyzer that police officers can administer to drivers, and it must be an approved detection device (ADA) for the result to be admissible in evidence.
Here are the main ways to defend yourself by challenging the accuracy of a breathalyzer test:
- Deficient use of the breathalyzer
- Inadequate maintenance of the device (ADA)
- Undue delays in administering the test
- Unapproved detection device
Undue delay in collecting a breath sample
A breath sample must be taken without delay upon the arrest of a driver.
When police officers do not immediately subject the driver to an alcohol detection test, the driver can assert a defense based on undue delays related to the screening test.
In recent decisions, judges have agreed to exclude the result of the breathalyzer test conducted by the police, because they had waited nearly 20 minutes before administering it to the driver.
The test must be done immediately, otherwise the criteria provided by law will not be met.
Disregard for the driver’s fundamental rights
Defenses under the Canadian Charter are among the most effective in drunk driving cases. When the driver’s fundamental rights are violated, it is possible to exclude certain evidence!
Disregard for the right to a lawyer
From the moment of his arrest, the driver must be informed without delay of his right to consult a lawyer. Failure to inform the driver of this right can justify the withdrawal of charges.
Abusive search and arbitrary arrest
Did the police conduct a vehicle search without a warrant or in an abusive manner? Was the vehicle intercepted without reason and illegally? If the defendant’s fundamental rights were violated during such procedures, a lawyer can argue for the withdrawal of charges.
WARNING! For several years now, police no longer need to have suspicions or “reasonable grounds” to believe that a driver is intoxicated to administer a breathalyzer test.Any police officer who has an approved device in his possession can force a driver to submit to it.
Defense of the last drink or the after drink
Are such defenses still valid in drunk driving cases?
Unfortunately, the bell has tolled for after drink and last drink defenses. New laws have come to annihilate such defenses, which the courts have recognized.
The after drink defense consisted of arguing that the defendant had consumed alcohol after driving, but before submitting to the test, because he had no reason to believe that such a test would be required of him.
With the last drink defense, the defendant claimed to have consumed his last drink of alcohol just before getting behind the wheel. Since he had just drunk the alcohol, the effects were therefore not felt on his abilities, even if the breathalyzer test had been failed.
Absolution or withdrawal of charges: is this possible in drunk driving cases?
The best way to avoid being convicted of drunk driving is to avoid being charged in the first place. Hence the importance of being represented by a solid lawyer, specializing in criminal matters.
But is absolution possible in case of impaired driving?
Absolution is a sentence provided for in the Criminal Code that prevents the accused from inheriting a criminal record. It can be unconditional or conditional. In the latter case, the accused must comply with certain conditions to benefit from the effects of absolution. This lenient sentence applies only if the offense has no minimum penalty.
It is therefore impossible to obtain abolition for a drunk driving offense, as it comes with a minimum penalty! That’s why the withdrawal of charges or the preparation of a solid defense is so important in drunk driving cases
Can pleading guilty be advantageous in drunk driving cases?
Guilty pleas are common in drunk driving cases.
Sometimes the evidence collected by the prosecution is simply too incriminating… but at what point should one consider pleading guilty to such a charge?
Pleading guilty can come with advantages in terms of sentence!
The minimum penalty provided for in the Criminal Code will be imposed on the driver even if he pleads guilty. However, a judge could allow a driver to keep his right to drive despite the prohibition period, provided he has a valid reason.
One thing is for sure, do not plead guilty before exploring your options with a criminal defense attorney specializing in drunk driving charges.
Consult an attorney to invoke the right defense against your charge!
A conviction for drunk driving can come with heavy consequences.
From the criminal record to the revoked license, not to mention hefty fines, know that such a verdict can greatly affect your life.
It is therefore very important to surround yourself with the right professionals like the criminal law attorney to defend you against such a charge.
And that’s good, because we are offering you to refer you to one of them for free, and without any commitment. All you have to do is fill out our form, and we take care of the rest!