About Drunk Driving Law in Calgary, Canada
In Calgary, Canada, drunk driving is taken very seriously. The actual offense according to Canadian Criminal Law is driving while impaired, which could be due to alcohol, drugs, or both. It is illegal to operate a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08 or higher. Additionally, there are serious penalties for those caught driving with a BAC of 0.05 or higher. Penalties include, but are not limited to, license suspension, fines, mandatory education programs, vehicle seizure, and even jail time.
Why You May Need a Lawyer
If you've been charged with drunk driving, you may want to consider legal help immediately due to the complex nature of the law and the serious consequences associated with a conviction. A lawyer can help you understand your rights, guide you through the legal process, and ensure that all procedural requirements are met. In some cases, a lawyer may be able to have the charges reduced or even dismissed. It may also be beneficial to get legal representation if you wish to challenge your license suspension or apply for a restricted license.
Local Laws Overview
In Calgary, provincial laws complement the Canadian Criminal Code by imposing severe penalties even for first-time offenders. For instance, if your BAC is between 0.05 and 0.08, you may face an immediate 3-day license suspension and 3-day vehicle seizure for a first offense. An increased BAC or repeat offences result in harsher penalties. Drivers with a GDL (Graduated Driver’s Licence) must maintain a zero level of alcohol or drugs when operating a motor vehicle.
Frequently Asked Questions
What is the difference between a DUI and impaired driving?
DUI stands for Driving under the Influence, which generally refers to drunk driving. However, impaired driving is a broader term that includes impairment by alcohol or other drugs, including prescription medications.
What do if you are charged with drunk driving?
If you're charged with drunk driving, it's important to seek legal counsel immediately. You have the right to remain silent and are not obligated to provide evidence against yourself.
Can I refuse a breathalyzer test?
Refusal to submit to a breathalyzer test is also a criminal offense under the Canadian Criminal Code and can lead to serious implications comparable to DUI charges.
Could there be penalties for passengers in the car of an impaired driver?
While passengers generally cannot be charged with drunk driving, they could potentially face other charges depending on the circumstances.
Can a DUI charge be fought in court?
Yes, a DUI charge can be fought and sometimes successfully defended with the help of experienced legal counsel.
Additional Resources
Resources useful for anyone requiring more information or help with this matter includes the Mothers Against Drunk Driving (MADD) Calgary, Alberta Transportation, and the Centre for Addictions and Mental Health. Moreover, the Law Society of Alberta can provide guidance on finding a lawyer.
Next Steps
If you're facing drunk driving charges, you should immediately hire a lawyer who specializes in this area. Make sure the lawyer fully understands the circumstances of your case, including any possible errors in breathalyzer use or other procedural issues. Remember: it's your legal right to get the best possible defense, so reach out and consult with experienced professionals to help navigate this stressful experience.
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