Most Canadians are aware of the fact that driving under the influence (DUI) or impaired driving is considered a punishable crime as mentioned in the Criminal Code. There are many terms used for the criminal offence of operating a motor vehicle while the driver’s ability to operate the vehicle is impaired by drugs or alcohol. The penalty for a DUI depends on the harm caused. From having your drivers licence suspended to jail-time, a DUI can get you in deep trouble.
So far as the alcohol limit is concerned, 0.08 is the threshold where you can get arrested and charged. If you’re close to the limit, but not over, your options can vary depending on the province you reside in.
It is not common to be found not guilty of a DUI charge in Canada. Because you were impaired when driving, any testimony you provide will lack credibility. This is why a DUI is a difficult charge to deal with. The report of a police officer who administers a breathalyzer test is surely more credible than what the offender has to say to prove himself innocent. If you’re charged with a DUI in Canada, talk to a criminal lawyer immediately to know your options.
Sentencing for impaired driving for a first offence can be a fine of $1000 and a 12-month driving prohibition. For a second offence, the sentence can be a 24-month driving prohibition and 30 days of jail. For a third offence, the jail time and the period of driving prohibition will increase further. Sentencing for DUI charge in Canada can vary from province to province. The sentence for a DUI can be different if it leads to a death or serious injury.
How to get a pardon
Do you think getting a pardon for your impaired driving charges is the right option? Before you consider this option, make sure to consult your lawyer or let your lawyer decide what’s the right option in your case. If you want to obtain a pardon, pay your fine right after being convicted.
Your driver’s license suspension is not considered as part of your sentence when applying for the pardon. It would be impractical to expect to get your license back. However, a good lawyer would better understand your situation and might be able to help you get your license back. Once you have applied for a pardon for a DUI charge, it’s important that you avoid traffic violations of any kind during the eligibility waiting period. Violations can weaken your case and have a negative impact on your review process.
If you successfully meet the eligibility criteria and show good conduct, you will likely seal your criminal record and be able to have your DUI charge removed. For future reference, if you have been drinking, don’t drive. One drink is enough to bring your blood alcohol level over 0.08. You should never drive under the influence of drugs or alcohol. You not feeling drunk at all doesn’t necessarily mean you don’t have alcohol in your blood. Stay calm if you have been charged with a DUI and talk to a reputable criminal lawyer about getting a DUI pardon.
Slaferek Law: Legal assistance in Edmonton, Alberta
At Slaferek Law, we help people dealing with DUI charges. Whether you’re looking to get a pardon or record suspension, we can help. Give us a quick call to schedule a free consultation!