DUI and Impaired Driving Charges in Calgary
“DUI” is a common abbreviation in Canada; however, under the Criminal Code, the term impaired driving is more frequently used. An impaired-driving investigation in Calgary can include alcohol, cannabis, any prescribed drug, any other drug, and some other substance influencing a person’s ability to drive safely.
A driver might be subject to criminal charges, Alberta roadside sanctions, driving license consequences, seizure of the vehicle, insurance problems, and court proceedings. What will happen after all that depends on the exact charge, evidence, police actions, and ability of the prosecution to prove the crime beyond a reasonable doubt.
Impaired driving is a serious field of criminal law. It would be unreasonable to think that a roadside sanction means a criminal conviction or a criminal charge would necessarily lead to a conviction because of an arrest by police.
What Counts as Impaired Driving in Calgary
Driving while impaired can be a claim that the person’s capacity to control a motor vehicle is affected by alcohol, drugs, or both. Also, driving while impaired can be a claim that the person had a prohibited blood alcohol or drug level at the time period provided in the Criminal Code.
The case of driving while impaired by alcohol may include observations of the police, use of roadside screening device, breath analysis, videos, witnesses, and the statements of the driver.
The case of driving while impaired by drugs may include observations of the driving behavior, physical signs of impairment, field sobriety test, drug recognition evaluation, oral fluid screening, and toxicology evidence.
That someone consumed alcohol, smoked marijuana, or ingested prescription drugs is not necessarily an answer to all questions posed by the law. The Crown has to prove the particular charge it has brought forward. Proof needs to go beyond the point of mere suspicion.
A refusal or failure to submit to testing after a proper demand can lead to criminal charges against a driver. It is considered a refusal case as the Crown tries to prove that the demand was proper and the driver had no reasonable excuse.
Roadside Stops and Police Demands
The police can investigate cases of impaired driving after witnessing unsafe driving, attending a traffic accident, getting a complaint about a suspect, stopping a car, or observing signs of alcohol or drug impairment.
When checking on someone at a road block, the police will ask for one’s identification, vehicle papers, and pertinent information about the investigation. The police will also request for a sample breath test using an approved screening device.
It is advisable for a suspect to remain calm and polite. One must not argue with the police or make any statements concerning drinking or drug use since this will provide more evidence against one. If one gets detained or arrested, he/she should be given time to talk to a lawyer.
If there is reason for further investigation, the police may demand further testing. If there is an allegation of alcohol-related impairment, it could be an evidentiary breath test. If there is a drug allegation, it could involve standardized field sobriety tests, oral-fluid screening instrument, or drug-recognition evaluation.
An impaired driving investigation may also be initiated after an accident. It should be noted that an accident does not establish the presence of impairment. Nevertheless, an accident could prompt an investigation into driving, statements from witnesses, the presence of signs, vehicle damage, and alcohol or drugs.
The circumstances of the stop are important. They could be examined in a defence analysis for such elements as the reasons for the stop, communications between the driver and police, timing of the demand, advisements, and rights of the accused. This can be particularly important when considering how lawyers challenge Calgary DUI stops.
Alberta Roadside Sanctions and Criminal DUI Charges
Under the provincial laws of Alberta, an individual is subject to an immediate roadside sanction for a driving violation. The sanction could take the form of licence suspension, vehicle confiscation, fines, mandatory education, mandatory ignition interlock, among others.
Not all roadside sanctions in Alberta are necessarily Criminal Code charges. There are cases where a driver receives an administrative notice but does not get criminally charged. In other cases, a roadside sanction and a criminal charge could result from the same case.
Each case operates separately. In the case of a criminal charge, the matter is tried in a court of law. The Crown must prove the case beyond a reasonable doubt.
An application to review the decision must be done within a short period of time after being notified of the roadside sanction. The individual must keep all documentation, record the date and time when the act was committed and seek legal advice immediately. A person considering a review should understand the process for challenging an Alberta Immediate Roadside Sanction.
The roadside sanction may still hold much significance in terms of practicality for an individual. This may include traveling, working, dropping children off at school, accessing the vehicle, insurance issues and travel plans. Nonetheless, it should not be considered a criminal conviction unless the case was tried in a court of law.
What Happens After a Calgary DUI Arrest or Charge
When a person is arrested on charges of impaired driving, the police could release him/her with court papers and conditions.
A disclosure from the Crown will be made to that individual, which includes the notes, videos, breath tests, witness statements, and other documents.
An assessment of the case by the defense must consider the facts of the case.
This will consist of the time the demand was made, the roadside test, evidentiary breath tests, maintenance and operation records, the observation made by the police, and any statements that the driver makes.
If the case involves drugs impaired driving, then the review would consider the reason for the stop, the observations of the police, the field sobriety test, the drug recognition evaluation, and the toxicology results.
Police behaviour can also be relevant in such a situation. The lawyer could look into issues related to detention, arrest, access to counsel, searches, impoundment of the vehicle, interviewing and Charter compliance. An issue of law does not mean that the case is over, or that the evidence will be barred.
Some cases settle through negotiations following the review of the disclosure. Other cases are settled by way of law applications or trials. Without an understanding of the criminal, licence, insurance, employment, immigration and travel implications, one cannot plead guilty, make a trial decision or a sentencing decision.
A conviction for the offence of impaired driving comes with various implications which go beyond the immediate sentence. There might be impacts on the criminal record, licence, future insurance premiums, employment involving driving, professional licensing, travel to other countries, and future court proceedings.
The person charged with the Calgary DUI or the offence of impaired driving should seek guidance right from the onset. The documents, the date for challenging the roadside sanction, the disclosure and the exact charge all influence the available options.
Depending on the circumstances, an Impaired Driving Lawyer may review the criminal charge, roadside sanction, police demands and available evidence.
Where the allegation followed a crash, the issues may also overlap with a DUI investigation after a minor Calgary collision.
An Experienced Criminal Defence Lawyer can review the specific evidence and legal issues rather than assuming that every Calgary impaired-driving case will follow the same path.