No one wants to face a DUI charge in Canada. But what to do if you are accused of one? How do you fight the matter calmly instead of panicking? Read on to know the legal process to fight a DUI charge in the country in this step-by-step guide.
A DUI charge or driving under the influence in Canada means you have been accused of driving under the influence of alcohol, cannabis, or other drugs. Legally, if your blood alcohol concentration (BAC) level is 0.08%, then you are safe to drive in this condition. However, if your BAC level crosses the limit, you might be accused of DUI charges. You should also know that if you are impaired by drugs like illegal substances, cannabis, or even prescribed medicines, you might be charged with DUI in Canada.
Now that you have understood the concept of DUI charges in Canada, let’s see what your rights and obligations are when you get arrested.
The Moment of Arrest: Your Rights and Obligations
So, what happens after a DUI in Canada? If you are found to have a high BAC level, you will be arrested. Now, you are entitled to some rights and obligations. You have the right to remain silent, which means you will not have to answer any questions that the police ask you. Or, they cannot force you to answer any question if you are charged with DUI. Furthermore, you will have the right to speak to your lawyer, and you will also have the right to a bail hearing before your case goes to trial. DUI is a serious crime in Canada, and you have to give a Breathalyzer test when asked for it. If you do not comply with the law, your case might go to the criminal record as a consequence of DUI in Canada. What you should do is take the test and do not say anything till you have access to your lawyer.The Breathalyzer and Sobriety Tests
The main reason for the tests is to determine if the driver is safe enough to drive the car. Impaired driving consequences in Canada may even lead to criminal charges and fines. The Canadian police might subject you to a Breathalyzer and sobriety tests. The tests are done in two ways – roadside screening and evidentiary tests. While the former one is done on the roadside, the latter one is done in the police station. So, let’s take a look at the tests done on the roadside.Roadside Screening
- Breathalyzer test to detect alcohol in your breath
- Standardized Field Sobriety Test (SFST) to detect drug impairment, including an eye examination of the driver
- An oral fluid or saliva test to detect drug samples in the saliva of the driver
Evidentiary Tests
If a driver does not agree to giving roadside tests or fails to do so under any circumstances, the police can take him to the police station. The driver can be asked to take the following tests:- Evidentiary breath screening tests
- Drug Recognition Evaluation
- Bodily fluid sample testing (blood, urine, saliva)
Building Your Defence: Common Strategies That Work
If you have been charged with DUI or if you have not, you should ask, “How to fight a DUI charge in Canada?” You might have plenty of legal grounds to fight DUI charges in Canada. A DUI lawyer can help you the best, but you should also know the common strategies for yourself. Let’s take a look at them. The time of drinking: If the police arrest you shortly after you have had your last drink, the BAC report will show that the alcohol content is higher in the stomach than in the blood. Time of Testing: The police must take the first test within two hours of driving under possible influence. If the first test (like a Breathalyzer) is taken when the driver has stopped driving and gone home, the test will not be considered accurate. And your case will be dropped. Faulty Breathalyzer: You also have a ground to challenge the accuracy of the Breathalyzer or intoxylyzer machine used to determine the level of alcohol in your breath. Certificate for BAC: If you have gone through a BAC test, you will be provided with a valid certificate within a reasonable time to reflect the alcohol concentration in your blood. If the Crown fails to serve the certificate within a reasonable time, the charges against you might be dropped. Counsel Not Allowed: You have the right to have a lawyer to handle your case in the court of law. However, denying you a lawyer might be your answer to “How to get a DUI off your record in Canada?”The Legal Process: From Arraignment to Trial
The legal process of DUI charges against the driver follows several steps. It includes the following: starting from arresting the driver and taking him into custody. The next step is arraignment, where the accused hears formal charges against him, and he is asked to enter a plea. If he pleads ‘guilty,’ the case goes to sentencing. If the accused pleads not guilty, the case goes to a trial. After the court proceedings are done, the judge announces the final penalty for the offence. The accused may apply for bail before the judge, and he will decide if bail can be granted to the accused.Potential Outcomes and Penalties
If the DUI charges against you are proven to be true, then you might face jail time and fines as well. As soon as you are arrested, your license will be seized, and a temporary driving permit will be granted to you. In case your license is suspended and if you still decide to drive your car, you will face jail time or a jail term of up to 10 years. However, if you are driving under the influence and that leads to bodily harm to the victim, it might be considered the first offense of DUI in Canada. In such a case, you will be fined $1,000 and jail term for subsequent second offences.Hire an Experienced DUI Lawyer to Defend Against DUI Charges
If you want to handle DUI charges against you, then you should get in touch with us so as to find a reliable and experienced DUI lawyer in Canada. With the expertise of TopDUILawyer by your side, you have a better chance at fighting the legal battle.Frequently Asked Questions
What will happen if I refuse to take a Breathalyser test?
If you knew the law, you would not want to refuse the test. A refusal to take a Breathalyzer test is a serious offense that may lead to similar penalties as driving under the influence. The penalties include jail time, licence suspension, fines, etc.
What is the Ignition Interlock Program?
The Ignition Interlock Program is necessary for some drivers with a repeated history of drinking and driving. An ignition interlock device is installed in the car, and it detects if the driver is drunk or if there is a trace of alcohol in their breath. If the test is alcohol positive, you cannot start the engine. It eliminates the risk of repeated offenses of impaired driving.
How long can a DUI charge remain in my record?
A DUI charge or impaired conviction can remain in your record for at least 10 years. It can also impact you in the long term, affecting jobs and others.
Can I get my driving license reinstated after a charge of impaired driving?
Yes, you can get your license reinstated after a charge of impaired driving. However, you might have to go through mandatory suspension periods, fines, or other penalties. It would be better to seek our legal services to legally challenge the legal penalties or the charges.
