Don’t Wait, Consult A Lawyer To Defend Yourself Against Your Drunk Driving Charges!
Are you suspected of having driven after drinking too much, after using drugs or when your abilities were impaired? You refused to take the police tests? You could be charged with serious offenses with multiple consequences: fine, loss of driver’s license, criminal record and sometimes even imprisonment.
The immediate consequences of the arrest — before the trial
Even if you haven’t yet been found guilty by a judge, the police can suspend your driver’s license after you are arrested. Depending on the circumstances, the suspension can range from 24 hours to 90 days.
In some cases, your driver’s license will automatically become valid again after the suspension period. In other cases, you will need to pass certain tests before you can start driving again.
For more details on the suspension of the license after an arrest, on the evaluations to be done to get it back or on the ways to contest the suspension, you can consult the SAAQ Website.
Serious consequences if you are found guilty by a judge
In the event of conviction, the circumstances surrounding your conduct or the police intervention, your background and, if applicable, the alcohol level recorded are taken into account by the judge in choosing the sentence that he will impose on you.
Fines and imprisonment
The Criminal Code provides that possible penalties are similar for all of the following offences :
Impaired driving;
Driving with a blood alcohol level equal to or greater than 80 mg of alcohol/100 ml of blood (0.08);
Driving with a THC level equal to or greater than 5 ng/mL of blood;
Driving with an alcohol level equal to or greater than 50 mg of alcohol/100 ml of blood and with a THC level equal to or greater than 2.5 ng/mL of blood;
Refusal to provide a blood, saliva or breath sample.
The judge can always give a harsher sentence, but the maximum jail term is 10 years for all of these offences.
However, the penalties are more severe if you injure someone (up to 14 years imprisonment) or cause someone’s death (up to life imprisonment).
Conviction for one of these criminal offenses results in the opening of a criminal record .
Driving ban
Driving while impaired or with an alcohol or drug limit over the legal limit usually results in a driving ban if the judge finds you guilty. A refusal to submit to police tests can also result in this sanction.
In this case, the judge confiscates your driver’s license on the spot. The court informs the Society de l’assurance automobile du Québec (SAAQ) of this conviction and the SAAQ revokes your driver’s licence.
The SAAQ will also impose a driving ban if you are found guilty. The two blackout periods do not add up, the longer blackout will apply to you.
The driving prohibition varies depending on the situation and can range from one year to several years. The ban will be longer if this is not your first offense or if you have injured someone.
You will have to wait until the end of your prohibition period to regain a driver’s license .
Driving offenses are complicated, legally speaking. It can be difficult to win a case without a lawyer.
A lawyer can help you:
Understand your business;
Talk to the Crown about ways to resolve your case;
Determine if you have a defence;
Understand the legal process and possible penalties ;
Choose the best option for your business.
Time is an issue when you face alcohol-Impaired Driving Charges. You need to act quickly with a lawyer to maximize your chances of getting a not guilty verdict. Think about it, it’s your driver’s license, your car and your still immaculate criminal record that weigh in the balance.
Do you refuse to let one mistake define the rest of your life? This is a sign that you are ready to hire a lawyer specializing in criminal law and, more specifically, an expert against alcohol-impaired driving charges!
