A DUI, short for “driving under the influence”, is a charge related to operating a motor vehicle while impaired by some sort of substance. DUI charges are commonly related to alcohol, but can also be handed out for any other impairing substance, as defined by the Controlled Drugs and Substances Act. If you have been charged with a DUI, Right Legal can connect you to criminal lawyers with experience handling DUI cases.
What laws govern DUIs in Canada?
Impaired driving is established in several sections of the Criminal Code of Canada, with the severity of sentencing varying depending on the harm caused by the impaired driver. Additionally, the Criminal Code establishes that it is a crime to be in the “care or control” of a motor vehicle with a blood alcohol content of 80 or more milligrams of alcohol per 100 milliliters of blood. It is also an offence to refuse a Breathalyzer test, which is used to detect blood alcohol concentration.
What do lawyers working on DUIs do?
Crown prosecutors, representing the Government of Canada, will bring the case against an individual accused of driving while impaired. The role of the Crown is to prove the case against the accused “beyond reasonable doubt”, through submissions of evidence to the Court as well as witness testimony. A lawyer defending an individual accused of a DUI will attempt to provide the Court with reasonable doubt as to whether the circumstances of the accused should lead to a conviction. The defence lawyer might include arguments relating to the admissibility of evidence, arguing that the accused’s rights under the Canadian Charter of Rights and Freedoms have been violated, or that the Crown’s case is not strong enough on the evidence to support a conviction.
Points of Interest
The Criminal Code uses the language “care and control of a motor vehicle”, which is considerably broader than just driving. Individuals have been convicted of DUIs for everything from simply sitting in the car with the engine running to sleeping at the wheel. Let us connect you with the right DUI lawyer in Edmonton.