DUI Impaired Driving Law is a category of Criminal Law. Almost all Criminal Lawyers have considerable experience defending people charged with driving under the influence of alcohol or drugs.
What is DUI Impaired Driving Law and why is it part of criminal law as opposed to say, an offence under the Highway Traffic Act? In the hands of someone whose judgment, ability to remain focused and react quickly enough to respond to the unexpected, a car is extraordinarily dangerous. Even today, when few people would dispute that driving while under the influence is anything but a terrible idea, far more deaths result from road accidents caused by impaired drivers than should be the case.
It is a Criminal Code of Canada offence for anyone to drive with a blood alcohol concentration (BAC) in excess of 0.08 (80 mg of alcohol in 100 ml of blood). There are mandatory minimum penalties upon conviction for these offences with steeper penalties for repeat offenders. In addition, impaired driving associated with (but not necessarily directly causing) bodily harm or death carries a significantly greater penalty.
Because the Criminal Code empowers police officers to demand a breath or blood sample when they have reasonable grounds (probable cause) to believe a driver is impaired, defending a DUI charge is often a losing battle in terms of obtaining a not-guilty verdict. And refusing to take a breathalyzer test or provide a blood sample is not an option because failure or refusal to do so is an offence just as serious as driving with a BAC over the legal limit. One thing is very clear, therefore, and that is if you are stopped by the police and are not, in fact, impaired, do not refuse to cooperate on principle or because you think your rights are somehow being infringed. You will very likely find yourself in as much difficulty as if you had been under the influence.
Although there are mandatory minimum penalties for anyone convicted of a DUI, that does not mean there is no point in hiring a DUI Impaired Driving Lawyer for your day in court. This is because a poorly represented defendant may him or herself be receiving a much harsher penalty, a larger fine and maybe even jail time, than a DUI Impaired Driving Lawyer could get for them. Although judges are not keen to listen to excuses when it comes to DUI defendants, your Lawyer may be able to point to extenuating circumstances that, while they may not result in a finding of not guilty, may succeed in a minimum penalty.
While all Criminal Lawyers can handle DUI Impaired Driving cases, if you are facing a DUI trial and have been convicted of driving under the influence in the past, you will want to hire the most experienced DUI Impaired Driving Lawyer you can find.