Impaired Driving (DUI)
The police can charge you with driving while your ability to do so was impaired by drugs or alcohol. You can also be charged for having a blood alcohol equal to or greater than 80 mg of alcohol in 100 ml of blood within two hours after you stopped driving.
These cases are highly specialized and require your lawyer to look at many aspects of the investigation, including:
- Whether the Crown can prove you operated or had care and control of the vehicle;
- The timing of the tests the police performed on you;
- How you were advised of your right to consult with a lawyer, and how the police helped you implement those rights;
- Whether the police had adequate grounds to arrest you for the charges.
These are only a few of the areas your lawyer needs to review in these cases. Trials for these offences often involve applications under the Canadian Charter of Rights and Freedoms. Your lawyer will have to prepare these written applications outlining why certain evidence from your case must be excluded from the trial.
As with other charges, the best way to deal with them is to ensure that you retain counsel early in the proceedings to take the necessary steps for your defence.