Impaired Driving - DUI Lawyer in Montreal

Expert Legal Representation for Driving Under the Influence and Related Offences

Facing DUI Charges?
Robert Martin Can Help.

A Driving Under the Influence (DUI) charge can profoundly impact your life, presenting serious legal and personal challenges. Navigating the complexities of impaired driving laws and the judicial process requires skilled and knowledgeable legal support. Robert Martin is committed to offering expert representation to defend your rights and help secure your future. He understands the gravity of DUI charges and is here to provide the guidance and defence you need.

Do not face DUI charges alone. Contact Robert Martin today at (514) 892-7337 for a free consultation.

Expertise in DUI Cases

DUI Defence

Legal defence for individuals accused of driving under the influence of alcohol or drugs, including over 80 charges.

Refusal to Provide a Breath Sample

Representation for those charged with refusing to provide a breath sample, with a focus on protecting your rights and future.

Related Offences

Defence for various associated offences, such as impaired driving causing bodily harm or hit-and-run, ensuring your rights are protected.

Process Overview

Initial Consultation

Discuss your case and explore legal options during a free consultation, understanding the specifics of the charges against you.

Case Evaluation and Strategy Development

Thoroughly evaluate your case and develop a tailored legal strategy, focusing on gathering evidence and identifying weaknesses in the prosecution's case.

Legal Representation and Advocacy

Provide expert representation and steadfast advocacy throughout your legal proceedings, from court appearances to pre-trial motions to negotiations.

Follow-up and Support

Offer continued support and follow-up after your case is resolved, ensuring your understanding of the outcomes and any necessary next steps.

Understanding Impaired Driving Charges

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Definition of Driving Under the Influence

Driving under the influence (DUI) refers to operating a motor vehicle while impaired by alcohol or drugs. This includes having a blood alcohol concentration (BAC) of 0.08% or higher, or being visibly impaired by substances. DUI is not limited to alcohol intoxication; even over-the-counter medications or prescription drugs can impair your driving abilities and result in criminal charges. This broad definition ensures that any substance affecting your capacity to operate a vehicle safely can lead to severe legal consequences.

Legislation

Criminal Code of Canada, Section 320.14 et seq.

Legal Blood Alcohol Concentration (BAC) Limits

The legal BAC limit is 0.08%. Drivers found with a BAC equal to or over this limit can be charged with a DUI. Additionally, there is a zero-alcohol rule for all licence holders who are under age 22, holders of a learner's licence, and holders of a probationary licence; if caught with any amount of alcohol in their system, they face fines, demerit points, and immediate licence suspension. They will also face the same consequences as fully licenced drivers if their BAC is 0.08% or more.

Types of Driving Under the Influence (DUI) Charges

Alcohol Impairment: Operating a vehicle with a blood alcohol concentration (BAC) over the legal limit of 0.08%.

Drug Impairment: Driving under the influence of cannabis or illegal drugs, prescription medications, or over-the-counter drugs that impair driving ability.

Combination: Impairment from a combination of alcohol and drugs.

Refusal to Submit: Refusing to comply with a police officer's request for a breathalyzer or drug test.

Contact Robert Martin Today for a Free Consultation

Do not face DUI charges alone. Contact Robert Martin for a free consultation, and let him help you achieve the best possible outcome for your case.

Penalties for Impaired Driving Charges

Overview of Potential Penalties

Being caught driving while impaired can lead to immediate penalties. Depending on the situation, your licence may be suspended for 24 hours or up to 90 days, and your vehicle will be impounded for 30 days at your expense.

If convicted, you face a minimum one-year licence suspension and a fine of at least $1,000. Additionally, you may need to undergo administrative evaluations, and completion of a mandatory education program may be required for licence reinstatement. An alcohol ignition interlock device could also be installed in your vehicle at your cost, with the duration determined by the court.

Penalties

Penalties for impaired driving charges in Canada can vary based on the circumstances of the offence and whether it is a first-time or repeat offence. Possible penalties include:

  • Fines

  • Licence suspension

  • Vehicle impoundment

  • Demerit points

  • Administrative evaluations

  • Mandatory education program

  • Alcohol ignition interlock device

  • Imprisonment

Additional Consequences of Impaired Driving

Beyond the legal penalties, a DUI conviction can lead to increased insurance rates and potential difficulties in employment and travel.

Defending DUI Charges

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Defence Process

Navigating DUI charges requires a comprehensive and strategic approach, including a thorough investigation of the circumstances, challenging the accuracy of evidence, and developing a tailored defence strategy. Legal representation ensures that your rights are protected throughout the process, from the initial consultation through courtroom advocacy and negotiations.

Investigation and Evidence Gathering

A thorough investigation will examine the circumstances of your case, gathering all relevant evidence to build a robust defence.

Challenging the Legality of the Traffic Stop and Arrest

Examining the legality of the stop and arrest will determine whether the police had reasonable grounds to stop your vehicle and arrest you. Procedural errors or violations of your rights could invalidate the charges.

Questioning the Accuracy of BAC Tests

The accuracy and reliability of BAC tests, including breathalyzer and blood tests, will be assessed to identify potential errors or issues that could strengthen your defence.

Representation in Court and Plea Negotiations

Representation in court and advocating vigorously on your behalf. Engaging in plea negotiations will occur where appropriate, seeking to reduce charges or penalties.

Frequently Asked Questions

  • Refusing to provide a breath sample results in immediate legal consequences. In Quebec, for example, your licence will be suspended for 90 days, and your vehicle will be impounded for 30 days. For a repeat offence, the vehicle impoundment period increases to 90 days. Additionally, you may be required to participate in a program aimed at reducing the risk of impaired driving, install an alcohol ignition interlock device, and face potential revocation of your driver's licence upon conviction. It is important to note that refusing to provide a breath sample does not prevent you from being charged with impaired driving.

  • Yes, it is possible to challenge the accuracy of a breathalyzer test. Potential challenges can be based on factors such as improper calibration of the breathalyzer, maintenance issues, operator error, or medical conditions that could affect the results. An experienced criminal defence lawyer can investigate these aspects and potentially use them to contest the validity of the breath test results.

  • Penalties for a first-time DUI offence typically include a minimum fine of $1,000 and a one-year licence suspension. Drivers may also be required to undergo administrative evaluations, participate in a mandatory education program, and install an alcohol ignition interlock device. The severity of these penalties varies based on factors such as the BAC level at the time of the offence and any aggravating circumstances involved.

  • A DUI conviction will remain on your criminal record until you are eligible for, apply for, and are granted a record suspension (formerly known as a pardon). This can impact your employment opportunities, travel plans, and insurance rates. Seeking legal assistance to potentially avoid a conviction is important.

  • Yes, with the help of an experienced DUI defence lawyer, it is possible to have DUI charges reduced or even dismissed. This can be achieved by identifying weaknesses in the prosecution’s case, such as procedural errors, lack of evidence, or issues with the accuracy of BAC tests. Negotiating with prosecutors for a plea bargain can also result in reduced charges.

Legal Disclaimer

The information provided on this website is for general informational purposes only and does not constitute legal advice. Please consult with Robert Martin for personalized legal counsel regarding your specific situation.

Free Consultation

To get your free consultation, please call or email, or send a message using the contact form.

Phone
(514) 892-7337

Email
robert@rmlegal.ca