Call it drunk driving, impaired driving or driving under the influence (a.k.a. a DUI). In any event, driving with a blood alcohol concentration (BAC) above 0.08 in Canada means trouble.
But what kind of consequences can a first-time offender expect if charged with a DUI? Keep reading to find out.
What You Should Know About Your First DUI
Of course, Canada has laws prohibiting you from driving drunk. If you do, this is what you should expect.
1. The Basics
If you’re pulled over because police suspect you of driving while intoxicated, you may be asked to submit to a physical coordination test. You may then be asked to provide a breath sample. (Reasonable grounds upon which these may be requested include the smell of alcohol on your breath and erratic driving.)
If for any reason you’re unable to provide a breath sample, you may be asked for a blood sample. If you’re suspected of driving under the influence, you may be referred to an evaluating officer who will determine if you need to provide a urine or blood sample.
2. Degree of Intoxication
A positive DUI test confirms that the driver has consumed more than the allowed level of alcohol. Canada permits a maximum BAC under 80 mg in a blood sample of 100 ml. Drivers with a higher level commit an offence that can have serious consequences according to the Canadian legal system.
If the driver is under the influence of drugs not easily detected by a blood test, there are various other types of tests that can determine what’s in their system. The more intoxicating the drug (i.e. heroin versus marijuana), the more severe the sentence. In such instances, it’s in your best interests to hire an experienced criminal defence lawyer who knows Canadian DUI laws. This ensures you a fighting chance.
3. The Consequences
If a police officer believes that you’ve committed an offence and has reasonable grounds to prove it, you’ll likely be arrested. If you fail to comply with a blood, urine or breath sample, you can have your license suspended for 90 days. In certain provinces, this can be bumped up to six months where bodily harm occurred. In Canada, each territory and province has its own fines and suspensions, along with rehabilitative courses.
Failing to comply if police have reasonable grounds to request a breath, urine or blood sample can be considered a criminal offence. If it can be determined that police didn’t have reasonable grounds, you may have a defence against your charges.
If a breath sample registers lower than the allowable limit but is still considerable, you may have your license suspended and penalties imposed. The allowed BAC is the same across the country (0.08) but each territory and province deals with it differently.
How to Avoid a DUI
Considering the seriousness of a DUI, it’s best to never drive if you’ve been drinking. Take a taxi instead.
A drunk driving conviction in Canada can put you behind bars for years. That’s why it’s important to hire an experienced criminal defence lawyer who is knowledgeable about DUI charges.