Impaired driving is considered to be a serious crime in Canada, so the penalties are also strict. In case you are charged with DUI, read the following discussion to know what you need to do without wasting much time.
Canada has a strict law against impaired driving. According to the official data, more than 69,000 incidents of impaired driving were reported by the police in 2017. That is why you need to be careful, if you are returning from an office party or from your friend’s house after watching the game on the weekend.
Driving after consuming alcohol or any other substances means you are giving control of your life to the police. Starting from the immediate seizure of your license to suspension of the same, to facing a jail term, it will take seconds before your life becomes a complete hell.
So, you need to act fast with an experienced DUI lawyer at your side from the start, because the first 24 hours are very crucial.
This blog will discuss what you need to do in the first 24 hours after you get arrested for DUI charges.
Knowing the Right Steps to be Followed after a DUI Arrest
Do not panic; the first step is to get in touch with a lawyer. And for the rest, take note of the following points that you need to know for the first 24 hours:1. Your Immediate Rights Upon Arrest
The first thing one thinks of after getting arrested for DUI charges is – How to beat a DUI charge in Brampton? Well, the arrest follows a series of complicated court procedures. But what you need to remember at that point is your immediate rights. To prevent impaired driving and avoid possible risk of harm, the impaired driving charges in Brampton are strict. But you also have the right to remain silent when you get arrested. It means you don’t have to say anything to defend or justify your situation. It helps you prevent giving away important information to the police. Moreover, Section 10(a) guarantees the right to be informed of the reasons for your arrest, and Section 10(b) guarantees the right to have counsel without delay. So, do not forget to demand a lawyer as soon as you get arrested for DUI charges, and don’t speak a word without the presence of your attorney.2. The Breathalyzer and Testing Process
The Canadian Criminal Code, s.320.27 and s.320.28, are the main sections that govern the rules and regulations regarding sample collection in case of DUI charges. If the officer has reason to believe that a person is under the influence and driving in that state, he may ask the driver to provide a sample of breath. The sample will be analyzed under the supervision of a qualified technician. In case the accused is under no condition to give a sample at the location, he will be accompanied by the officer to the police station. There, the officer will take blood samples, saliva, and/or urine to determine the presence of alcohol. If there is enough reason to believe that the accused has been impaired driving, then he will be subjected to DUI charges in Brampton. The police often use the Intoxilyzer 8000C to analyze blood alcohol content (BAC). If the BAC is higher than 0.08%, then you will be charged with impaired driving in Brampton.3. The Release: Understanding Your Paperwork
The Brampton court DUI process is a complicated process that is best handled by an experienced DUI lawyer.Form 9: Appearance Notice or Summons
The mentioned Form 9 is used as an ‘Appearance Notice’ by the police. Under the Criminal Code, Form 9 is used to summon individuals who have been charged with criminal offenses. When it is served, you will have to appear before the court on a specific date and time to answer to the charges against you. You will get the document if you have not been held for a bail hearing. An impaired driving lawyer in Brampton will be the one to help you in this case. If your case has not accelerated to court trials, you might also get a 90-day Administrative Driver’s Licence Suspension (ADLS). It is a penalty for rash driving or impaired driving in Brampton. In this case, your licence is suspended for 90 days and can be extended or added to with other penalties upon proof of your guilt.4. First Steps for Your Defence
The first thing you should do is to document everything you remember. In case you were returning from a party of a friend’s house, do not talk about it when you get arrested. Get a dangerous driving lawyer in Brampton for further assistance with the case. Make sure to protect any important documents (for example, any receipts). It might help prove your innocence before the court. As soon as you contact the impaired driving lawyer in Brampton, he can identify if any illegalities are there in the legal procedure by the Crown. The lawyer will take note of the tiny mistakes and use them in your favour in the court of law.5. Contacting the Top Brampton DUI Lawyer
Last but not least, you are supposed to get in touch with your DUI lawyer to handle the case. As legal professionals, TopDUILawyers is here to offer you the best-in-class assistance. No matter what situation you are in, we have the right solution to help you by letting you get in touch with a professional lawyer so that the DUI charges against you can be addressed as soon as possible.Keep Calm and Have a Lawyer Help You Out of the DUI Charge
The first 24 hours after an arrest are indeed critical; you just have to keep calm and not say anything that may land you in more trouble. Get in touch with us so that we can help you find a good lawyer. You are going to be out of the mess in no time!Frequently Asked Questions
If I sit in my car after drinking alcoholic beverages and do not intend to drive, will I be at risk of arrest?
Yes, you might be arrested if you are found to be idly sitting in your car after consuming alcoholic drinks. Section 253(1) states that anyone who drives or has the control or care of the vehicle after drinking is guilty. If you have consumed any other substances, you will also be held guilty.
Is it easy to get out of a DUI charge in Brampton?
Getting out of a DUI charge may not be as easy as you think. If your lawyer can establish a major flaw in the Crown’s case or if the Crown agrees to a plea bargain, only then can you avoid the charges easily. Thankfully, the lawyers we help you get in touch with have won several cases successfully.
What should be the appropriate statement to be given in court to get the charges dropped?
It depends on the scenario of your DUI charges. However, some common strategies to counter your charges include finding flaws in the Crown’s case. It may include challenging the BAC result, the accuracy of the Breathalyzer, establishing the fact that the officer failed to read the rights to the accused, alleging the officers of racial profiling of the accused, etc. A DUI lawyer will be the best option to help you get out of the situation.
How quickly can my license be reinstated after I get arrested for DUI charges where bodily harm has been caused?
In case you have caused bodily harm to the victim, your license will not be reinstated immediately. Rather, you will be penalised for the harm and impaired driving. Later, at the end of your jail term, you will be sent to a DUI program to get your license reinstated.
