Driving while impaired by drugs or alcohol is considered to be a serious criminal offence. People often mistakenly assume to resolve an impaired driving offence quickly, by taking a plea agreement or pleading guilty to the charges, is better than trying to fight the charges.
However, what police officers do not tell the accused are the consequences of a conviction, and the long-term impacts on their life, which could include:
- Criminal record
- Significant increases to insurance premiums.
- Mandatory fines of at least $1,000 and often much more.
- Mandatory license suspension periods of at least a year, and possibly as much as five years.
- License reinstatement fees.
- Costs to have a vehicle interlock device installed.
- Monitoring fees for the vehicle interlock device.
- Police vehicle impound and towing fees.
- International travel restrictions even to the United States.
Even when it seems like the Crown have a strong case against you, does not mean you should simply plead guilty. Rather, you should to speak to Winnipeg impaired driving lawyer, Jeffrey J. Gindin, Q.C. first.
Mr. Gindin has represented many clients facing impaired driving charges. He has helped them receive a better outcome than they originally anticipated. Mr. Gindin successful results may include having charges reduced to a less serious Highway Traffic Offence, as well as a full dismissal.
“Over 80” is a term used to describe when someone has been charged with impaired driving and their blood alcohol concentration (BAC) was more than 80 milligrams per 100 millilitres of blood. When a person has a BAC “over 80” there are over the legal limit and will be charged.
To determine one’s BAC, the police will request the accused provide a sample. The police may request the sample roadside or if they suspect a person is impaired, could transport them back to the police station where they will be asked to provide the sample.
If one refuses to provide a sample, they will be charged with “refusal to provide a sample” offence. Refusing to provide a sample carries similar consequences as impaired driving, but the licence suspension is a minimum of two years rather than one year.
Impaired driving offences also include impairment by drugs. For these types of offences, it normally comes down to the police officer’s ability to properly evaluate a person based upon certain behaviours, like:
- Manner of driving.
- The smell of drugs in the vehicle or on the person’s breath.
- Drugs left out in plain sight of the officer.
- Certain tests you may be asked to perform.
In some cases, the police will transport the person back to the station, where they will be interviewed by an expert to determine their impairment.
If you want to discover potential defences to fight the charges and want the best outcome possible, then you really should consult with Jeffrey J. Gindin, Q.C. Schedule a free consultation now.