Best DUI & DWI Lawyers in Stony Plain

About DUI & DWI Law in Stony Plain, Canada

DUI (Driving Under the Influence) and DWI (Driving While Impaired) are serious criminal offences in Stony Plain, Alberta, as they are across Canada. These offences relate to operating a motor vehicle while impaired by alcohol, drugs, or a combination of both. Law enforcement takes impaired driving very seriously, and those convicted face strict penalties, which may include fines, license suspensions, and even imprisonment. The laws aim to protect public safety by discouraging high-risk behavior on the roads.

Why You May Need a Lawyer

Anyone charged with a DUI or DWI in Stony Plain is strongly advised to seek legal advice. Common situations where legal assistance is needed include:

• You have been stopped and charged for impaired driving based on breathalyzer or roadside test results.
• You have caused an accident and are alleged to be impaired at the time.
• You are facing additional charges, such as refusing to provide a breath sample or having minors in the vehicle.
• You have questions regarding license suspensions, criminal records, or the reinstatement of driving privileges.
• You feel your rights were violated during the arrest or testing procedure.
• You already have prior DUI or DWI convictions, and the latest charge may result in heightened penalties.
• You are unfamiliar with court procedures or mitigation opportunities and need guidance navigating the legal system.

Local Laws Overview

In Stony Plain, impaired driving laws are governed by both Canadian federal law (the Criminal Code of Canada) and provincial legislation (Alberta Traffic Safety Act). Key aspects to be aware of include:

• Legal Limits: The legal blood alcohol concentration (BAC) limit is 0.08%. However, administrative penalties can apply for BAC readings over 0.05% in Alberta.
• Zero Tolerance: Drivers under the age of 18, novice drivers, and some commercial drivers are subject to zero tolerance for alcohol and drugs.
• Immediate Roadside Sanctions: Police can impose immediate fines, license suspensions, and vehicle seizures for drivers exceeding the legal limits or refusing to comply with testing.
• Criminal Penalties: Convicted individuals face criminal charges, which can result in mandatory fines, jail time for repeat offenders, and a permanent criminal record.
• Ignition Interlock Program: In some circumstances, drivers can regain limited driving privileges if they install an ignition interlock device in their vehicle.

Frequently Asked Questions

What constitutes impaired driving in Stony Plain?

Impaired driving includes operating any motor vehicle while your ability is affected by alcohol or drugs, including prescription medication. Police use breath, blood, and roadside tests to determine impairment.

What happens if I refuse a breathalyzer or roadside test?

Refusing a legal demand for a breath or blood test is a criminal offence and carries the same penalties as failing one, including license suspension and potential jail time.

Can I lose my license immediately after being charged?

Yes. Alberta law allows for immediate license suspension pending the outcome of your case if you fail or refuse a breath or blood test or are charged with impaired driving.

Will I get a criminal record if convicted of DUI or DWI?

A conviction under the Criminal Code will result in a permanent criminal record in Canada.

Are there penalties for a first offence?

Yes, even first-time offenders face mandatory minimum penalties, including substantial fines, license suspension, and a possible requirement to participate in Alberta’s Ignition Interlock Program.

Can I still drive to work after being charged or convicted?

Typically, your license is suspended immediately. In some cases, you may apply for an interlock device allowing restricted driving, but this is determined case-by-case.

Does cannabis or prescription drug impairment count as DUI?

Yes. Impairment by any drug, including cannabis or prescribed medication, qualifies as a DUI and is subject to similar penalties as alcohol impairment.

Are DUI and DWI treated differently in Stony Plain?

In Canada, both terms are often used interchangeably, and the laws address any impaired driving, whether by alcohol or drugs.

What factors can increase the severity of penalties?

Aggravating factors include high BAC readings, causing injury or death, having passengers under 16, prior convictions, or refusing to comply with police requests.

Should I get a lawyer even if it is my first charge?

Yes. A lawyer can review the evidence, protect your legal rights, identify procedural errors, and seek to reduce or challenge the charges where possible.

Additional Resources

If you or a loved one are facing DUI/DWI charges in Stony Plain, the following resources can provide guidance and support:

• Alberta Transportation: Information on driver’s license suspensions and interlock programs.
• Royal Canadian Mounted Police (RCMP) – Stony Plain Detachment: For reporting incidents or follow-up information on police procedures.
• Legal Aid Alberta: Provides legal assistance for those who qualify based on income.
• Alberta Courts: Guidance on court locations, schedules, and self-representation resources.
• MADD Canada (Mothers Against Drunk Driving): Support for victims and public awareness on impaired driving.

Next Steps

If you have been charged with a DUI or DWI, act quickly to protect your rights. Consider the following steps:

• Seek Legal Advice: Consult with a lawyer who specializes in criminal or impaired driving law as soon as possible.
• Document Everything: Write down everything you remember about your arrest and any interactions with police.
• Gather Paperwork: Keep all tickets, police reports, testing results, and court notices handy for your lawyer.
• Comply with Conditions: Obey all court orders and driving suspensions to avoid further consequences.
• Attend All Hearings: Don’t miss any scheduled court appearances, as absences can negatively affect your case.
• Access Support Services: Reach out to organizations for advice or counseling, especially if substance issues are a concern.

Remember, an experienced lawyer can explain your options, represent you in court, and help you navigate the complexities of the justice system for the best possible outcome.