Successful Defence Strategy Against Impaired Driving Charges
Impaired driving charges can be life-altering, impacting anyone regardless of background or circumstance. The consequences of a conviction are severe and can haunt you for years to come.
A conviction for impaired driving results in the revocation of your driver's license, significant fines, possible imprisonment, and a permanent criminal record. The consequences extend beyond legal penalties, potentially including job loss and restrictions on international travel outside of Canada.
The Role Of New Impaired Driving Laws
It's crucial to understand that new impaired driving laws enacted as of December 1, 2020, have changed the landscape. These laws directly affect your ability to have a fair trial, as you now only have 7 days to appeal your driving suspension. Quick action is essential to protect your rights and mount a strong defence.
How Can We Help?
At Slaferek Law, our defence team specializes in representing individuals charged with impaired driving offences involving alcohol and drugs. With our extensive experience in this area, we are well-equipped to handle your case and navigate the complexities of impaired driving laws.
If you're facing impaired driving charges, don't wait to take action. Contact us at 780-906-9228 for a free consultation, either by phone or in person, to discuss your situation.
Our dedicated DUI lawyer is here to help you understand the charges against you, explore your legal options, and provide the guidance and support you need during this challenging time. Protect your future—let us fight for your rights and secure the best possible outcome for your case.
What Is Impaired Driving?
Impaired driving, also known as DUI, DWI, drunk driving, driving under the influence, or driving while intoxicated, refers to the act of operating a vehicle while impaired by alcohol or drugs.
These offences have significant implications for your future and your driving privileges. At our law firm, we recognize the importance of preserving your right to drive, and we leverage every legal advantage available to safeguard them.
Common Impaired Driving Offences
Impaired driving offences encompass various situations, including:
- Driving while impaired by alcohol or drugs.
- Driving with a blood/alcohol level of .08 and above.
- Refusing to provide a breath sample leads to potential penalties such as a 90-day Administrative Driving Prohibition.
The Importance Of A Strong Defence
It is crucial to remember that even if your breath samples indicate a blood/alcohol level above .08%, you may still be innocent. Many drunk driving cases are won based on technicalities and the mistakes made by law enforcement officials.
Our experienced DUI lawyer, practicing throughout Alberta (including Edmonton, Grande Prairie, Cold Lake, and Fort McMurray), specialize in employing these technicalities to your advantage in court.
When attesting impaired driving charges, the prosecution must prove beyond a reasonable doubt that the driver's ability to operate a motor vehicle was impaired by alcohol or drugs covered under the Criminal Code sections 253 to 259 and 320.11 - 320.26. The prosecution relies on testimonies from police officers and civilian witnesses to establish impairment.
Building A Robust Defence: The Expertise Of Our Respected DUI defence lawyer
Creating a strong defence involves emphasizing inconsistencies in witness testimony, highlighting the unreliability of evidence, and challenging the notion that the driver's behaviour was solely indicative of impairment.
Here are some typical symptoms and evidence used in impaired driving cases:
- Bad Driving: While evidence of poor driving, such as swerving, weaving, or committing traffic violations, may suggest impairment, it is important to note that such behaviour can be observed in drivers who are not under the influence.
- Detection Of Alcohol Odour: The scent of alcoholic beverages does not reliably indicate the amount of alcohol consumed. This is because the odour comes from the drink's flavouring, making it impossible to determine the quantity or timing of alcohol consumption based on smell alone.
- Balance Problems: Police reports often fail to consider crucial factors like the driver's footwear, road surface conditions, or potential health problems. These oversights may suggest alternative explanations for balance issues aside from alcohol impairment.
- Slurred Speech: In many cases, officers have not heard the driver speak prior to the incident, making it difficult to confirm whether slurred speech is a result of alcohol consumption.
It is also important to note that a "Fail" result on an Approved Screening Device or Roadside Breath tester is not admissible in court to prove a driver was impaired. We can handle such legal technicalities and present the best defence.
Hire A Professional Criminal Defence Lawyer
If you are facing impaired driving charges, it is crucial to seek professional legal assistance to protect your rights and driving privileges.
Contact us at 780-906-9228 to schedule a free consultation, either over the phone or in person.
Preserve Your Rights By
Contacting Darin H. Slaferek
We specialize in criminal law, delivering ethical, effective, and efficient legal solutions that prioritize the best interests of our clients.