There are several different offences that make up the Drinking and Driving laws in Canada. People charged with these types of offences are usually charged with more than one of the following offences, and each charge requires a separate defence:
The offence of impaired driving occurs when a driver operates a motor vehicle while their ability to do so is impaired from the use of drugs or alcohol, or a combination of the two.
Driving Over .08
The offence of driving over the legal limit (.08) occurs when a person operates a motor vehicle while their blood alcohol content is over .08. Impairment is not necessary for a person to be guilty of this offence.
Refusing to provide a sample of your breath, blood, or other bodily substances, or to submit to an evaluation to determine whether your ability to operate a motor vehicle is impaired is also a criminal offence.
Care and Control of a Motor Vehicle while Impaired/Over .08
Even if you are not actually driving, if you are deemed to be in “care and control” of a motor vehicle while either impaired, or with a blood alcohol content over .08, the offence of Care and Control is made out.
A Guilty Plea
Before you decide to plead guilty, it's very important to understand the effects of a conviction for any of these offences.
Drinking and driving charges have the potential to turn your life upside down. The immediate consequences will be the loss of your license for three months and the impoundment of the vehicle that you were driving. Before you are able to get your license back, you will be required to complete AFM Impaired Driver Program.
Convictions for any drinking and driving offence result in different consequences, but at the minimum will result in:
1) A criminal record;
2) A $1000 fine;
3) A 1-year driving prohibition;
4) A 1-year provincial suspension;
5) An additional 5-point safe-driving point deduction;
6) A 5-year driving suspension for impaired driving causing bodily injury or impaired driving causing death, plus jail;
7) Longer driving prohibitions & jail for subsequent offences.
This particular area of criminal law is among the most complicated and detail-oriented. You will need assistance from Gerri Wiebe to ascertain whether there are triable issues in your case and what your odds of succeeding at trial will be.
Often the police don’t conduct their investigation accurately, or violate your rights under the Canadian Charter of Rights and Freedoms in the process. In these cases, a judge may choose to exclude breath samples as evidence. Additionally, the case law in this area is continually evolving as new decisions are being made by judges daily. It is well worth it to explore your options during your free consultation with Gerri Wiebe.
About Gerri Wiebe
Gerri Wiebe is an experienced criminal Defence lawyer in Winnipeg. She is a partner in Bueti Wasyliw Wiebe, one of Winnipeg’s Premier criminal law firms. Gerri has represented clients charged with all sorts of offences ranging from Impaired Driving to First Degree Murder. She brings more than a decade of expertise to battling criminal charges and has an established track record of succeeding. As a proficient Impaired Driving Lawyer, Gerri Wiebe will give you the insight that you will need to make the finest and most informed decisions regarding how to proceed.