Impaired Driving As A Criminal Offence

By Author: Fabiola Groshan
Total Articles: 2678
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Any person that drives a motor vehicle under the influence of alcohol or other substances that may alter his or her ability to drive can be prosecuted for impaired driving. When charged with this offence, also known as “ driving under the influence ( DUI)”, each person should see an impaired driving lawyer, as this is not a minor issue and it needs professional advice. A DUI lawyer can use his better knowledge of the law and offer a real assessment of the situation.

A person can be charged with impaired vehicle driving, a criminal offence, when there are signs that his or her ability to drive is seriously compromised. For example, he or she drives too fast and does not stay on a lane, is not able to walk in a straight line or smells strongly of alcohol. On the other hand, a person can be convicted of a DUI offence if the alcohol level in his blood is over the legal limit, even if he does not show any sign of impairment. In most cases, the blood alcohol concentration is established after a breath test; in others, the police ask for a blood test.

Impaired driving is a major criminal offence and therefore, it ...
... is punishable according to the Criminal Code, which sets minimum penalties. These usually take the form of fines or suspension of the driver licence for one to three years. Moreover, a judge can determine if additional punishments are required from case to case. Furthermore, if under the influence of alcohol or other substances, the driver hits or kills another person, he or she is facing different charges, such as DUI driving causing physical injury, respectively DUI causing death. These are indictable offences, which have prison sentencing.

When charged with driving under the influence, defendants must set a meeting with a DUI lawyer and they have to use all the information they can get in order to decide on the best attorney specialised in this area of expertise. A good impaired driving lawyer can help the accused see things more clearly, can explain all the proceedings and stages of a trial and he can contribute to a decent defence strategy. For instance, DUI charges are quite difficult to prove, even if a person fails the breath test. In addition, driving after drinking is not illegal, so a blood alcohol level below the legal limit rarely brings a conviction. A DUI lawyer can also help with negotiating a plea for a smaller offence. Thus, no one should fight such charges without legal assistance.

As mentioned before, such an act is considered a serious criminal offence and as a result, it should never be treated as a minor issue. The only way to stand a trial with DUI charges is to have a good, experienced and professional impaired driving lawyer, who will give this matter the importance it requires and who will do his best to minimise the impact of the trial or of the conviction on the client’s life.

For more resources regarding impaired driving or even about impaired driving lawyer and especially about DUI lawyer please review these pages.