Other than the obvious financial burden, being convicted of driving under the influence can also lead to loss of the ability to drive a motor vehicle–sometimes even the loss of employment. People way too often underestimate the importance of having a valid license, drinking and driving is never worth the risk.
In Canada, when the police lay DUI charges against someone for impaired driving, there are usually two separate charges laid. A “drive impaired” charge has to do with the manner of driving. Was the person impaired by alcohol to such an extent that their ability to drive a motor vehicle was impaired?
A “drive over .08” relates only to the blood alcohol level of the driver. The legal limit is .08 or 80 milligrams of alcohol in 100 millilitres of blood. This has nothing to do with the manner of driving
A “care and control” charge means that person was not actually driving, but rather was in care and control of the vehicle while impaired.
While these different charges might appear to not have much in common, the differences are extremely important. For example, someone who rarely drinks may have a blood alcohol content of less than .08 but still might be convicted of impaired driving! Alternatively, someone may have a blood alcohol content double the legal limit, such as a seasoned drinker, but their driving would not be impaired by alcohol. These difference can become significant depending on whether or not there were any accidents or injuries that arose while driving impaired or over .08.
“CAN YOU REFUSE TO PROVIDE A BREATH SAMPLE?”
Some people make the mistake of refusing to provide a breath sample because they believe they were not drunk/over their blood-alcohol limit. It is never a good idea to refuse a breathalyzer/roadside screening device test because it is against the law. Refusal can, in some cases, be double what you would get if convicted for blowing over .08.
So, whether you think you may or may not have had too much to drink, it doesn’t matter–always consent to taking a breathalyzer or roadside screening device.
“THEY SAID I WAS DRUNK DRIVING, THEY HAD TO BE RIGHT”
This is not always the case. It’s a common misconception that these tests are always accurate/performed correctly. Like every electronic device, issues can arise; readings may/may not always be 100% accurate.
When it comes to the Law, it is always assumed that ‘the machine is right’ when it comes to breathalyzers and roadside screening devices. It is possible that time you were tested can be taken out of context as well. Things like these can be challenged in court.
STEPS TO TAKE IF YOU HAVE BEEN CHARGED WITH A DUI:
- Write down everything you remember about the arrest. Whether its the lawyer you spoke to at the police station, the names of the police officer(s), any potential witness. If injured at all, take pictures of the injuries as soon as possible. Get a written statement from friends that might have been a witness.
- Check if there were any video cameras that could have possibly captured you before getting in your car (i.e. parking lot/inside a bar).
- Typically, your license will be suspended for a minimum of 90 days. Call the Addictions Foundation of Manitoba to arrange for an Impaired Driving Workshop, or visit the following link: http://afm.mb.ca/programs-and-services/impaired-driver-program/
- Get the vehicle out of impound if its not yours.
- Consult with a lawyer.
LOUAY ALGHOUL, LL.B
Barrister & Solicitor | Notary Public
Member of Manitoba Bar Association
Canadian Senior Lawyer and founder of Alghoul and Associates Law Firm. Specializes in Immigration, Investor, Family Corporate and Business Law. Read more about attorney Louay Alghoul on his webpage by clicking here.
CHRISTOPHER KOZIER, LL.B
Barrister & Solicitor | Notary Public
Member of Law Society
Canadian Senior Lawyer at Alghoul and Associates Law Firm practicing Aboriginal Law, Immigration and Commercial Law. Read more about attorney Christopher Kozier by clicking here.
LINCOLN ATTEN,
LL.B, BA, JD
Barrister & Solicitor | Family Lawyer
Lincoln Atten is an Attorney with Alghoul and Associates Law Firm. Although his primary area of focus is Civil Litigation, Lincoln has a wide range of experience in various areas including Criminal Law, Family Law, Corporate Formation and Real Estate. Learn more about attorney Lincoln Atten by clicking here.