Important FAQs about DUI Defence in Edmonton

April 2, 2020

Important FAQs about DUI Defence in Edmonton

There are two primary things to keep in mind when you get charged with driving under the influence in Edmonton, Alberta. First, it’s essential to know whether it’s your first, second, or third DUI offence; if it’s been 10 years or more since your last offence, your charge gets treated as a first. Second, it’s vital to take into consideration what type of licence you possess while being charged with impaired driving. If you get caught with a DUI felony with a graduated driving licence, then there will be severe consequences with a zero-tolerance policy.

Some of the common penalties of a DUI offence in Edmonton include car seizure, one-year drivers licence suspension, a fine over $1000, imprisonment, and more. Many individuals living in Edmonton have a lot of questions in their minds regarding a driving under the influence charge. To help our readers in this regard, we have gathered some of the frequently asked questions about DUI defence in Edmonton.

How many drinks does it take to be considered impaired?

There is no specific drink count that can be associated with this charge. Technically, you could be charged with a DUI even if you’ve only had 1 drink. It depends on one’s body weight and stomach contents, and how quickly or slowly, it can absorb alcohol. Even a drug prescription from your doctor could lead to an impaired driving felony because of the presence of a certain amount of alcohol in your bloodstream.

Does having a drink other than hard liquor make any difference?

No, there is no lesser penalty for one type of drink than another when it comes to DUI; rather, it all depends on the amount of alcohol present in your bloodstream for a specific time.

What happens when someone refuses to take a breathalyzer test?

According to section 254 of the criminal code of Canada, refusing to take a breathalyzer test will result in criminal charges against you.

What happens when someone gets charged with a DUI for a blood alcohol concentration BAC of 0.5 to 0.8?

Someone charged with DUI having BAC between 0.5 and 0.8 will not be prosecuted under criminal law in court. If it’s your first DUI felony, it will result in both the seizure of your vehicle plus suspension of your driving licence for three days.

If you have a graduated driving licence, the authorities will seize your car for seven days, and your drivers licence will be suspended for 30 days, even if your BAC is slightly above zero.

What happens when someone’s BAC is more than 0.8?

If your BAC is found to be more than 0.8, your drivers licence could be suspended for one year.

How are the police able to identify whether someone is under the influence?

When the authorities suspect someone is under the influence of drugs or alcohol, they conduct Standardized Field Sobriety Tests SFSTs on that person for further process.

What are the Standardized Field Sobriety Tests?

During a traffic stop, a DUI suspect is mainly subjected to undergo a series of three assessments under SFSTs; the walk and turn tests, an examination of the suspect’s eyes, and the one-leg stand test.

How much does it cost to defend yourself for a DUI in court?

Hiring a competent and experienced law firm to defend your case can vary in cost. The overall costs associated with impaired driving cases could increase to higher amounts depending on the number of days the trial remains and until the final judgment of the trial.

About Slaferek Callihoo

Slaferek Callihoo is a recognized criminal defence law firm that specializes in DUI cases in Edmonton, Alberta. Visit our website for more information or contact us to get free advice from our legal team.

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