There are three DUI criminal offenses in Canada. The offences are:
The drinking and driving offences need to have a proof that the person’s ability to drive a motor vehicle was debilitated by consumption of drugs and alcohol at the time of driving or during the time when the person was given the care and control of the vehicle. Various indications of impaired driving are slurred speech, rash driving.
The factors that courts consider while assessing drinking and driving offences differs from case to case; however, it may include evidence of balance, fine-motor skills, comprehension, judgment, reaction time, and physical movement. Lack of coordination can be used for supporting the charge of impaired driving.
Driving Over 80
This kind of offence is often committed by people when they are operating a motor vehicle or are in control of a vehicle when they are driving with a blood alcohol level that eclipse the legal limit. Having more than 80 mg of alcohol in 100 ml of blood is a crime. Analysis of blood alcohol level is made either by taking blood samples or through breath. Defense attorney can easily challenge the veracity of the result, especially when a prosecutor depends on toxicology reports.
Refusing a Breath Sample
Unless there is a plausible excuse, Canadians are legally compelled to provide samples of their breath into an approved screening device or breathalyzer machine. It is interesting to note that the penalties levied against this offence are the same for DUI charges.
The first step that is related to defending this charge is for defense attorney to gauge whether the demand was a valid one. If a client refuses to obey a unlawful demand it is not an offence. At the same time, the defense counsel must also assess the excuse behind the failure to provide a breath sample. Hence, it is equally important to checkout if the client was given an opportunity to provide breath sample.
There are many ways to defend against the charges that fall under DUI. Therefore, when you are charged with any one of these offences, you will need to speak to an expert DUI attorney immediately in order to discuss the options available in front of you.