In Canada, the legal consequences of a DUI (driving under the influence) charge can be severe. Not only can it result in imprisonment, but being found guilty can also have a serious impact on your reputation and employment.
If you find yourself facing DUI charges, then expert legal representation can make all the difference. A lawyer proficient in DUI cases can fight your corner and increase your chances of beating the charge. Let’s take a closer look at why a DUI lawyer can be so important.
Understanding DUI Charges
Driving under the influence in Canada means using a motor vehicle while impaired by alcohol or drugs. The exact legal limit for your blood alcohol concentration can vary from one province to the next but is usually set between 0.05% and 0.08%. In Ottawa, it is 0.08%, or 80 milligrams per 100 millimeters.
While we mentioned imprisonment earlier, this usually only applies to repeat offenders. Those who receive a first-time guilty verdict are likely to face license suspensions and fines. However, with this charge having a large social taboo, it can also have implications beyond the legal system.
Why You Need a DUI Lawyer
While your case may seem like a lost cause, there are many reasons why it may be winnable. Without an expert eye, it’s easy for crucial factors to be missed. Let’s take a close look at why a DUI lawyer can be so invaluable.
Legal Guidance – Your DUI lawyer can provide you with crucial information on how to navigate the legal proceedings. This includes explaining your rights, the charges against you, and, crucially, whether you should plead guilty or not guilty.
Case Evaluation – No two DUI cases are the same and it’s important to evaluate the evidence against you. This will enable them to identify weaknesses and scrutinize the breathalyzer results, and witness statements. This will give you an understanding of how strong your case may be.
Defence Strategy – After evaluating your case, a DUI lawyer will then create a bespoke defence strategy. This includes what weaknesses can be focused on and what action should be taken, such as entering into a plea bargain.
Negotiation – If your case is weak, a DUI lawyer can often negotiate with prosecutors to seek a plea bargain. This is where you agree to plead guilty in exchange for a lesser charge, usually reckless driving. This comes with less severe legal and reputational consequences.
Representation – If the case does go to trial, then you’ll need a lawyer to fight your case. Here, they can pick holes in the prosecution’s case and create reasonable doubt. Not only is this experience crucial for challenging the evidence, but it will also ensure your rights are protected and you receive a fair trial.
Peace of Mind – Dealing with DUI charges can be stressful, and you may have doubts about what the right thing to do is. With a DUI lawyer, you know you’ll be in expert hands and giving yourself the best possible chance of beating the charges.
Related article: https://www.agpllp.ca/how-can-a-dui-lawyer-reduce-dui-charges/
How a DUI Lawyer Can Fight DUI Charges
It’s logical to think that a DUI would be an open and shut case. You were over the limit, so you will automatically be found guilty. The reality is that the evidence may not be reliable and there are several ways to challenge it.
The Arrest – The police can’t stop you for any reason. They have to have probable cause to ask you to take a breathalyzer test, such as erratic driving. If probable cause cannot be confirmed, then any evidence they have may be inadmissible.
Your Rights – You also have rights during your arrest. If the Charter Rights weren’t followed, then the charges may be dismissed. This is why it’s vital to talk through every aspect of what happened with your DUI lawyer to look for any potential issues.
Errors – Police have to follow specific procedures during an arrest. This includes both when making the arrest and the following administrative work. If any mistakes have been made, then it will seriously weaken the case.
Witnesses – Any witnesses should have a consistent story that supports the evidence of the case. If there are any inconsistencies, then a DUI lawyer will quickly pick up on them and exploit them to raise doubts.
The Test – Breathalyzer tests aren’t always reliable, and several factors can affect the result. It may not have been calibrated properly, could have been affected by contamination, or not properly administered.
Related article: https://www.agpllp.ca/how-to-get-dui-charges-dropped-in-ontario/
Final Thoughts
If you’re facing DUI charges, then hiring a DUI lawyer isn’t just advisable; it’s essential. As we’ve seen, there are many ways that you can challenge a DUI charge and either receive a not-guilty verdict or get your charges reduced.
Not only that, but a DUI lawyer will give you peace of mind and allow you to understand the process, ask any questions, and make informed decisions. If you need a DUI lawyer, call AGP LLP today, and we’ll be happy to offer you a consultation.
