Now, picture this as a scenario- A person along with his friends are out at a pub in Montreal on a Friday night. The person feels good enough to drive home after having a few drinks and giggling about old tales. However, he sees flashing lights in his rearview mirror while driving back home. Now, he is asked to get down from the car and as soon as he gets down, he is charged with drunk driving when a police officer asks him to blow into a breathalyzer. Now he is just standing there, stunned.
Getting charged for drunk driving, often known as impaired driving or DUI, is a serious offence in Quebec. It goes more beyond just paying a fine and moving on. The person risks having a criminal record that follows him for years, makes him lose his licence, or goes to jail. A drunk driving attorney acts as a kind of guide to help navigate a maze the person was unaware if they were in. In order to prevent people from getting trapped in the legal jargon,this blog tends to explain why one might need one, and what are the laws surrounding it, and how a lawyer can help in such situations.
Understanding “Drunk Driving” Or “Driving Under The Influence”
In Quebec, drunk driving is governed by Criminal Code- a federal law that is applicable throughout Canada. According to the Criminal Code, driving a vehicle—such as a car, boat, or even a snowmobile—under the influence of alcohol or drugs is prohibited as per Section 320.14 of the said code.
Additionally, it establishes a legal threshold: The blood alcohol content (BAC) cannot be 80 mg/100 ml (0.08) or greater.
Which means-
(a) Driving while under the influence of drugs or alcohol, in whatever amount.
(b) Driving while having a blood alcohol content (BAC) of 80 mg/100 ml of blood (0.08) or more, as determined within two hours after driving.
(c) Operating a vehicle while the blood drug concentration is higher than the federally mandated thresholds (e.g., 5 nanogram of THC per millilitre of blood for cannabis).
(d) Driving with a mix of alcohol and drugs above specific combined limits.
Section 320.15: If police have reasonable suspicions of impairment, it is also illegal to refuse to give a breathalyser, blood sample, or sobriety test when they request it.
Simply put, even if a person appears fine, he/she could be charged with having too much alcohol or drugs in their system or being visibly intoxicated, even if it’s only a little. Therefore, refusing to take a test is equally harmful and is seen as a guilty plea.
Defences Available For The Offence- Generally Tricky, But There’s Hope!
Impaired driving charges can be challenged in several ways. A lawyer will look for weaknesses in the prosecution’s case or would find any potential violations of one’s rights. Some of the possible defences are as follows:
Procedural errors by police
Police are obliged to fulfill all the procedural requirements while arresting a person under impaired driving. If they are caught messing up with the evidence like-breathalyzer tests, they might fail to have evidentiary value in the court.
Examples:
- For instance, the officer lacked “reasonable grounds” to request a breathalyser test, which is necessary for roadside screening under Section 320.27 and for additional testing under Section 320.28. The demand might not be valid, for example, if they stopped anyone at random without observing any indications of impairment, like swerving.
- The breathalyser was not maintained or calibrated correctly. An attorney may use maintenance data to contest the machine’s dependability because Section 320.31 presumes breath tests are accurate unless demonstrated otherwise.
- Inaccurate test results included not waiting long enough between breath samples, which should normally be 15 minutes apart.
2. Violation of Rights
A person is protected during an arrest by the Canadian Charter of Rights and Freedoms. Lawyers can argue that the case should be dismissed if police violate these rights.
Important Sections of the Charter are:
- Section 10(b): After being arrested, a person has the right to consult with an attorney “without delay.” Evidence may be excluded if police force him/her to take a test without giving them a chance or prevent them from calling a lawyer.
- Section 8: “Unreasonable search and seizure” is prohibited. Because a blood or breath test is a search, the results could be thrown out if the police didn’t have the right justification.
- Section 9: Any person cannot be “arbitrarily detained,” according to Section 9. The entire procedure may be void if the police stop was unwarranted (for example, there were no indications of impairment).
Charter violations are taken seriously by courts. For example, if a person were prohibited from calling a lawyer, a court may decide under Section 24(2) of the Charter that evidence (such as breathalyser results) should not be presented because it damages the reputation of the legal system.
3. Lack of Timely testing
According to Section 320.14(1)(b), the blood alcohol content must be greater than 0.08 “within two hours of ceasing to operate” the vehicle. A person may not be tested for BAC while driving if the cops take the test too late.
For instance, a person’s blood alcohol content (BAC) may be elevated during testing but not while he/she were driving if they consumed alcohol after driving. The attorney may claim that the findings don’t demonstrate the person’s blood alcohol content at the time of driving if the police took too long to test (for example, a person was held for hours before testing).
Evidence linking the driving behaviour and blood alcohol content is required by the courts. If the timing is incorrect, the charge may not adhere. The prosecution may use computations to predict an earlier BAC under Section 320.31(4), but the attorney may contest those estimates.
However, a pertinent fact to note is that the prosecution must establish the guilt “beyond a reasonable doubt.” Using these defences, the lawyer’s role is to cast doubt on the case, and not to establish innocence.
The majority of defences rely on legal technicalities, such as police mistakes or Charter violations, hence it is essential to have an experienced attorney by one’s side to save oneself.
Consequences Of Impaired Driving/Drunk Driving:
(Criminal Code):
- First Time Offender (Section 320.14):
- Minimum $1,000 fine, more if their BAC is high (e.g., $2,000 at 0.16).
- No driving anywhere in Canada for at least 1 year.
- Possible jail up to 2 years, but rare unless circumstances are grave.
- Second Offense:
- At least 30 days in jail, no way around it.
- Driving ban for 2 years or more.
- Higher fines and extra conditions, like community service.
- Third Offense:
- Minimum 120 days in jail.
- Driving ban for 3 years, maybe forever.
- Marked as a repeat offender.
Lifetime Impacts:
- A criminal record is permanent, making it difficult to volunteer, get employment, or travel (such as to the United States).
- Insurance Hikes: The cost of auto insurance might increase by $2,000 to $3,000 annually.
- Additional Expenses: For a first offence, towing, court expenses, and lost wages might come to more than $6,000.
How Does a Criminal Lawyer help in such a scenario?
1. Giving customized solutions: They will meet with the person, review their charges, and explain the possible realistic options, such as pleading guilty to a lesser penalty or contest the case on the accused’s behalf.
2. Collecting Evidence: To identify weaknesses in the prosecution’s case, they will examine witness statements, breathalyser records, and police reports.
3. Negotiate: An attorney may persuade the Crown to withdraw the case or decrease the penalty.
4. Provide for a defence before the court of law: They will cross-examine witnesses, speak on the behalf of the person charged and ensure that their side is heard if the case gets to trial.
5. Minimising Damage: They may fight for a less severe punishment, such as a fine rather than jail time or a shorter licence suspension, even if you are found guilty.
Facing a Drunk Driving charge? Contact JB Avocate
Although a drunk driving arrest in Quebec may feel like a life-altering storm, it’s not the end of the road. One can negotiate the confusion, fight for a just result, or at the very least, lessen the damage with the appropriate attorney by side. For a secured future, one must seek assistance rather than attempting to navigate this maze alone. With their experiences in the city of Quebec with various other cases, attorneys can be a valuable ally in helping one navigate Quebec’s complex legal system. It’s a tiny step that saves major difficulty, so one must plan ahead and be cautious the next time they are out.er cases, attorneys can be a valuable ally in helping one navigate Quebec’s complex legal system. It’s a tiny step that saves major difficulty, so one must plan ahead and be cautious the next time they are out.
Schedule a consultation now with JbAvocate.