Identify Your Impaired Driving or DUI Charges in Fort McMurray, Grande Prairie and Area from a Criminal Defence Lawyer
“DUI” charges, also referred to as impaired driving, driving while over the legal limit, drug-influenced driving, or failing or refusing to comply with police demands, are not traffic tickets. They are true Criminal Code offences.
Mr. Prithipaul has conducted literally hundreds of alcohol and drug-related driving trials over his more than two decades of practice, and has argued numerous appeals involving DUI charges (in both French and English). He has received training on various breath testing instruments including the Borkenstein Breathalyzer and Intoxilyzer 5000C, and has attended seminars concerning other instruments (including the Intox ECIR II and Intoxilyzer 8000C). He is familiar with the theory and operation of roadside screening devices.
DUI – Defence Issues
You are not automatically guilty even if:
- you registered at or over the legal limit for drugs or alcohol
- produced a blood sample that revealed drugs and/or alcohol
- failed or refused to comply with a demand.
Mr. Prithipaul, as your criminal defence lawyer, will verify that the police conducted the investigation fairly and in accordance with procedures set out in the Criminal Code, that breath-testing instruments were properly calibrated and inspected, and that your Charter rights were respected.
A ruling that a person’s Charter rights were violated may result in the exclusion of test results, leaving no evidence of blood-alcohol content. As well, trials must be administered correctly and must follow the rules of criminal procedure and evidence.
DUI - Punishment
In addition to the ramifications of having a criminal record, there are serious insurance consequences that flow from DUI-related convictions. DUI charges also attract mandatory minimum sentences:
- First offence: $1000 to $2000 in fines, one-year driving prohibition.
- Second offence: 30 days in jail, two-year driving prohibition.
- Third or subsequent offence: 120 days in jail, three-year driving prohibition.
- Automatic provincial license suspensions of between one and five years depending on the number and date of previous convictions.
Did the police give you a form entitled “Notice to Seek Greater Punishment”? That does not necessarily mean that you will automatically receive a harsher penalty. Other factors apply, even if you have a record for drinking and driving.
“Alcohol Interlock” is a device that tests a driver’s breath while a vehicle is being operated. In Alberta, Alcohol Interlock can be installed in three months from when an Administrative License Suspension is issued for a drinking and driving charge.
Impaired or dangerous driving causing bodily harm or death
Cases involving bodily harm or death are especially serious. Jail sentences are often the norm, as are lengthy driving disqualifications.
These cases frequently arise from motor vehicle collisions and require the use of experts such as engineers, toxicologists, and accident reconstructionists. Mr. Prithipaul has extensive experience in retaining and working with experts in the defence of his clients.
These are complex areas on which you should consult with a lawyer before deciding how to proceed. You should not rush to plead guilty because a guilty plea is final. Mr. Prithipaul is available for consultations and would be pleased to respond to your questions and concerns.