Charges pressed against offenders may be anything from culpable homicide to manslaughter. These are often apart from the original DUI.
Fortunately, there’s Legal representation for victims of loss and injury caused by DUIs and other road-related mishaps. We understand that a lawyer may not be able to make injuries and losses disappear. Still, their services are vital. They ensure that you get compensation for costs and discomforts imposed on you by those at fault.
Driving Under the Influence is a crime, and the penalties imposed upon perpetrators for such behavior are dire. Regulations determining how much a driver’s allowed to drink and just what’s considered illegal can be tricky.
What Counts as Driving Under the Influence?
Any substance legal or illegal that affects one’s mental state and ability to drive has the potential to count as a DUI. Having a few beverages with an alcoholic percentage adds to your BAC. Should your alcohol consumption exceed 0.08 % and you get behind the wheel, it makes you liable to arrest. Driving under the influence of illegal and over-the-counter drugs is also an offense.
If you get pulled over, the following will count as a DUI:
- Any substance hampering a driver’s capability to operate to the full extent of their faculties
- All blood readings need to be below 0.08% for the driver to still be within the legal limit.
You can avoid driving under the influence by:
- Taking alternative transport to a party
- Carpooling and having a designated driver on a night out
- Making sleeping arrangements with a friend who’s closer to the venue
- Using a taxi.
Criminal Offense and Jail Time
Traffic police have the right to stop you under the suspicion of you being drunk. Furthermore, Canada has an implied consent law. The latter means that you agree to a breathalyzer or other kind of formal sobriety test when you get behind a car’s steering wheel.
For first time offenders:
- A positive result on a roadside screening may lead to an immediate suspension of an individual’s driver’s license.
- Impounding a vehicle and a fee of up to $300 often go hand in hand with the above.
The penalties tend to be harsher for repeat offenders:
- Repeated offenses may lead to jail time.
- Infractions within a probationary period suggest the driver is a repeat offender, and so they get the same treatment accordingly.
Punishments for death caused by DUI are harsh:
- Should an offender be convicted for causing an other’s death while driving impaired, there is a high possibility of receiving a life sentence.
- Typical terminology here is Vehicular Manslaughter, or “Watsons’ Murder,” which is second-degree murder.
Alcohol-Related Accidents and Fatalities
Any driver involved in an accident with 0.08% of alcohol in his bloodstream or more makes the incident a DUI. By the time the BAC reaches 10%, a driver is 6-12 times more likely to get into a fatal collision. Increasing DUI arrest proves that even though knowledge of the danger is common, negligent behavior is on the rise.
Conclusive research almost three decades ago found that drivers tend to become more sensationalistic and impulsive after a few beers. Additionally, alcohol is known to cause out-of-character aggression. The combination of bad judgment and abusive behavior becomes lethal for all parties involved.
Here are two examples of such cases:
- A cop pulls Sandra over after seeing her weaving in her lane. The first thing he notices is the smell of alcohol on her breath. In her field test, she misses her nose twice and nearly topples over in an attempt to stand on one foot.
Her BAC shows 0.12%. It turns out that she’s a second-time offender but gets a better than average lawyer who’s able to keep her out of jail. As opposed to a year in prison, she pleads guilty and receives a fine of $1,000, which converts into community service, three years probation, and a 12-month rehabilitation program.
- Duncan hasn’t eaten all day but scoots over to a friend’s house before he goes home. His buddy offers him a beer, he accepts, and they continue to catch up. It’s not long before he drives home.
He takes a curve, and his mobile slips off the passenger seat and onto the floor. Without thinking, Duncan grabs at it, and at that moment, he hits a fire hydrant.
As fate would have it, a policeman popped out of nowhere.
To his surprise, Duncan’s test showed that his BAC was 0.09%. Duncan’s lawyer tells him to plead “no contest” so that the state wouldn’t sue him for the hydrant’s damages.
The DUI charge never went on record. Instead, he got 120 hours of community service and six months of probation for reckless driving.
Driving Under the Influence
The Dangers of Alcohol
Common Types of Accidents Caused by Drunk Drivers
Lawsuits Against Drunk Drivers
Having a misdemeanor or felony on your record can adversely affect your chances of getting the job and apartment you want. The most important thing you can do for yourself is to have your DUI case reviewed by an experienced lawyer. Call an Alberta personal injury lawyer from Diamond and Diamond Law today!
When facing a DUI case, you have to look for a lawyer who knows what you’re really looking for, understands what you’re facing, understands your goals in resolving your case, and strives to achieve those goals for you. – Jeremy Diamond
Did you know?
When facing a DUI case, you have to look for a lawyer who knows what you’re really looking for, understands what you’re facing, understands your goals in resolving your case, and strives to achieve those goals for you.
– Jeremy Diamond
Loss of Driving Privileges Across Several Provinces
Repeated infractions could easily lead up to a point where the authorities confiscate your license. The prohibition applies in different provinces.
The state will administer conditions that you have to live up to before you can retain ownership of your privileges. These may involve taking part in ongoing support programs designed to assist in continuing abstinence from alcohol or banned substances.
Come application time, the would-be driver would need to present proof that he or she has adhered to the latter.
How a Personal Injury Lawyer Can Help
A personal injury lawyer assists by securing compensation for losses and inconveniences caused. Alternatively, should you be the one with a DUI, a lawyer specializing in the specific field is capable of knocking down the charge to something less severe.
Additionally, should you find yourself on the wrong side of the law after a field test, the services of a specialist can help you keep your license and perhaps lighten a harsh sentence.
Penalizations like jail time for repeat offenders is an ominous prospect. Navigating this hurdle isn’t possible without the help of representation in the legal field.
Contact an Alberta DUI Lawyer from Diamond & Diamond Law Today
If you‘ve been hurt or suffered a loss in a car accident that wasn’t a sole cause, you very likely have a good chance of getting compensated. At Diamond and Diamond law in Alberta, we have a number of personal specialists. Our legal team is also familiar with accidents involving motorcycles and driver impairment. You can call us on our 1-8000 number and get a free consultation.
Consequences for Driving Under the Influence FAQs
Can I still get a DUI for driving after taking prescription medication?
Prescription medication falls into many different classes with numerous side effects. Should the prescribed drugs affect a person’s cognitive abilities or capacity to react, it’s preferable not to drive.
Can I represent myself in court for a DUI case?
Yes, you can, but it’s a bad idea. Contact Diamond and Diamond for legal representation instead.
Can driving under the influence be excused by an emergency situation?
Yes, but the margin for this is lean. There must be no reasonable alternative. It also doesn’t mean that it won’t go uncontested.