Drunk driving, DWI, DUI, and impaired driving, in Ontario all refer to being found driving (or operating/riding a motorized vehicle, bicycle, etc) with a blood alcohol level of 80mg or more. A conviction will likely result from this, refusing to take a breathalyzer test, or being under the influence of other illegal drugs while driving.
On the scene, a police officer may also ask you to perform a Field Sobriety Test. These tests are quite subjective and highly prone to inaccuracies. They are performed on the roadside and require the driver to perform tests for coordination, alertness, and capacity to follow instructions. However, there are several reasons why a driver may not perform well in these circumstances, including: improper training in the use of devices, breathalyzer inaccuracies or defectiveness, equipment interference or contamination, or breath contamination.
This criminal offence is quite common in the urban areas and cities like Vancouver. Most drivers accused of impaired driving are charged of refusal to blow, refusal to undergo tests etc. They are charged for refusing to provide blood samples or breathe samples for conducting blood alcohol level tests. This criminal offence is charged on accused driving vehicles (cars, trucks, boats, train, air crafts and other motor vehicles under the influence of an intoxicant like Alcohol, drugs etc.
A professional Vancouver criminal lawyer is the best solution for waiving off such charges of reducing the punishment for the same. It is generally advisable to hire services of an experienced lawyer before pleading guilty to DUI charges. Even for Driving under Intense Influence charges, the accused has all the right to hire services of a lawyer than pleading guilty to crime.
This form of criminal offence is taken seriously in Northern America and the accused should exercise every right to reduce the punishment or at least avoid imprisonment. A criminal defence lawyer will demand for proof beyond reasonable doubt from the authorities of the impairment of the accused and also ask to verify the legal limit of alcohol content before the accused is convicted.
In Ontario, if you have been charged with a Blood Alcohol Content (BAC) over 0.08 you will lose your licence for 1 year, while if there is a previous conviction on your record, you will lose your licence for 3 years. If this is your third suspension, you will lose your licence for a minimum of 10 years, and you will only have a chance of getting it back then if the Ministry of Transportation feels you will not be a further risk to the public. A fourth offense will result in a ban from driving for life without exception.
If your DUI conviction involved an accident, injuries or an excessive BAC level, a judge will likely fine you a minimum of $1000, and you may face a minimum of 120 days in jail. In addition, you will experience skyrocketing insurance premiums, be required to attend remedial classes, and may be required to install an Ignition Interlocking Device which inhibits the vehicle being operated unless you breath into the connected breathalyzer.
A failed test will not necessarily lead to a conviction. In reality a skilled criminal lawyer will take the appropriate steps to opposing the results.
Being charged with DWI requires that you get all the support you can. What’s at stake are your personal freedoms, finances and driving privileges. When in consultation with a lawyer, ensure they have the experience and skill to represent you in court. Be prepared to ask them for references, case studies and personal client testimonials.
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