Drinking and Driving
Whether you are accused of driving while impaired by alcohol or having a concentration of alcohol in your blood that exceeds the legal limit, there are several defenses available to acquit you of the charges. These accusations are extremely technique. It is therefore possible to obtain an acquittal based on police procedure technicalities that were not executed appropriately during the arrest. Because of the specific law relating to these type of infractions, it is essential to retain the services of a criminal defense attorney who is specialized in driving while impaired offenses. Contact Me Dagenais now to learn more about the legal procedures concerning DUI cases.
When it comes to drinking and driving, the Crown prosecutor can charge a driver of a DUI infraction by various means.
In the first case, a person can be charged based on the symptoms observed by the police officers or by witnesses. For example, erratic driving, loss of balance, alcohol odor, red eyes, and difficulty speaking can be taken into account in establishing the guilt of a person accused of impaired driving. In this case, it is not required to have a high degree of impairment to conclude that the driver’s ability was impaired by alcohol. It is therefore not necessary for the Prosecutor to demonstrate a high degree of intoxication, but simply a weakening of the driving abilities compared to the normal behavior of a driver that has not consumed alcohol.
In the second case, a driver can also be charged with having a blood/alcohol concentration that exceeds the legal limit, which is established at 0.08mg/100ml of blood. In this case, when a driver is placed under arrest, he is brought to the police station to provide a breath sample in a breathalyzer. If the result of this test shows that the breath sample exceeds 0.08, he can be accused of having driven a car with a blood alcohol concentration greater than the permitted limit. If the driver is found guilty, the rate will affect the sentence imposed. The higher the rate, the higher the fine, and the longer the driving interdiction. The consequences of a conviction for drinking and driving charges are important.
Possible consequences of a driving while impaired by alcohol conviction
1- A criminal record
2- A minimum fine of 1000$, depending on the rate obtained by the breath or blood sample
3- A minimum driving interdiction of 1 year imposed by the judge. As for the driver’s license suspension imposed by the SAAQ, the interdiction can vary between 1 and 5 years depending on the rate for a first offense.
In the case of a second offense, there is a minimum jail term of 30 days.
No matter which consequence is most important for you, wither the criminal record, the fine amount, or your driver’s license suspension, it is always possible to negotiate with the prosecutor to minimize the consequences of a DUI conviction. Call Anne-Sophie Dagenais now for a thorough evaluation of your file.
Section 320.14 of the Criminal Code: Operation while impaired
320.14 (1) Everyone commits an offence who
a) operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;
b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;
c) subject to subsection (6), has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or
d) subject to subsection (7), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.
Operation causing bodily harm
(2) Everyone commits an offence who commits an offence under subsection (1) and who, while operating the conveyance, causes bodily harm to another person.
Operation causing death
(3) Everyone commits an offence who commits an offence under subsection (1) and who, while operating the conveyance, causes the death of another person.
Operation — low blood drug concentration
(4) Subject to subsection (6), everyone commits an offence who has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation and that is less than the concentration prescribed for the purposes of paragraph (1)(c).
Exception — alcohol
(5) No person commits an offence under paragraph (1)(b) if
a) they consumed alcohol after ceasing to operate the conveyance;
b) after ceasing to operate the conveyance, they had no reasonable expectation that they would be required to provide a sample of breath or blood; and
c) their alcohol consumption is consistent with their blood alcohol concentration as determined in accordance with subsection 320.31(1) or (2) and with their having had, at the time when they were operating the conveyance, a blood alcohol concentration that was less than 80 mg of alcohol in 100 mL of blood.
Exception — drugs
(6) No person commits an offence under paragraph (1)(c) or subsection (4) if
a) they consumed the drug after ceasing to operate the conveyance; and
b) after ceasing to operate the conveyance, they had no reasonable expectation that they would be required to provide a sample of a bodily substance.
Exception — combination of alcohol and drug
(7) No person commits an offence under paragraph (1)(d) if
a) they consumed the drug or the alcohol or both after ceasing to operate the conveyance;
b) after ceasing to operate the conveyance, they had no reasonable expectation that they would be required to provide a sample of a bodily substance; and
c) their alcohol consumption is consistent with their blood alcohol concentration as determined in accordance with subsection 320.31(1) or (2) and with their having had, at the time when they were operating the conveyance, a blood alcohol concentration less than the blood alcohol concentration established under paragraph 320.38(c).
Section 320.19 of the Criminal Code: Punishment for a DUI
320.19 (1) Every person who commits an offence under subsection 320.14(1) or 320.15(1) is guilty of
a) an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of,
(i) for a first offence, a fine of $1,000,
(ii) for a second offence, imprisonment for a term of 30 days, and
(iii) for each subsequent offence, imprisonment for a term of 120 days; or
b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of,
(i) for a first offence, a fine of $1,000,
(ii) for a second offence, imprisonment for a term of 30 days, and
(iii) for each subsequent offence, imprisonment for a term of 120 days.
Summary conviction
(2) Everyone who commits an offence under subsection 320.14(4) is liable on summary conviction to a fine of not more than $1,000.
Minimum fines for high blood alcohol concentrations
(3) Despite subparagraphs (1)(a)(i) and (b)(i), every person who commits an offence under paragraph 320.14(1)(b) is liable, for a first offence, to
a) a fine of not less than $1,500, if the person’s blood alcohol concentration is equal to or exceeds 120 mg of alcohol in 100 mL of blood but is less than 160 mg of alcohol in 100 mL of blood; and
b) a fine of not less than $2,000, if the person’s blood alcohol concentration is equal to or exceeds 160 mg of alcohol in 100 mL of blood.