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Not only is driving under the influence of alcohol or drugs against the law, but the authorities often aggressively pursue arrests and convictions of impaired drivers. If you have been arrested and charged with a DUI, a Calgary DUI lawyer may be able to help.
You have the right to present a strong defence. However, doing so without legal representation can reduce your chances of a favourable outcome. The law is complex and requires an understanding of how to achieve a favourable outcome in these cases. Contact a dedicated defence lawyer today to learn more.
In Alberta, driving under the influence occurs when a person operates a motor vehicle while their ability to do so is impaired by substances, such as alcohol or drugs. The Crown can also secure a conviction if the person is impaired by a combination of both.
Most DUI cases involve the use of alcohol. If the Crown can prove that a driver had a blood alcohol concentration (BAC) that exceeded the legal limit, it could be enough to secure a conviction.
The penalties for a conviction may vary depending on a person’s blood alcohol concentration and prior criminal history. A DUI lawyer in Calgary can consider all of these factors when developing an effective defence strategy.
Often, the strongest evidence the Crown uses is the results of a Blood Alcohol Concentration Test to show the driver had a blood alcohol concentration of .08 or above while behind the wheel. This evidence could help the Crown secure a conviction. This is why it is a priority for your DUI lawyer in Calgary to get the evidence excluded at trial.
Specifically, the Crown relies on a document known as the Certificate of Analyst that the breathalyzer generates after a breath test. It reflects the driver’s BAC and can be used as evidence at trial. A skilled lawyer may seek to have this document excluded from the trial on various legal grounds.
For example, it could be excluded from evidence through constitutional Charter arguments if your rights were violated. Alternatively, the results may be deemed unreliable if a lawyer can prove that the procedural requirements were not followed when the sample was taken.
You have the right to represent yourself after an arrest for DUI. However, this may lead to costly mistakes that could jeopardize your case. Even a minor mistake during criminal proceedings could result in a conviction with long-term consequences.
A Calgary lawyer can investigate the circumstances of your DUI arrest and evaluate the Crown’s evidence. Oftentimes, this can help them determine the most effective defence strategy to avoid a conviction or reduce penalties.
They can also represent you in court proceedings, answer any questions you may have about your rights, and help you understand the legal consequences you face. If you receive a plea offer, they can provide you with the information you need to make the best decision for your case.
If you are being accused of impaired driving, you have the right to enlist the help of legal counsel. A strong defence could help you defend against the charges and maintain a clean record. Reach out to a Calgary DUI lawyer as soon as possible to begin building your defence.