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Driving while impaired or under the influence of alcohol, ask for a lawyer!
Being accused of driving under the influence can have serious consequences.
Have you been charged with driving under the influence or drinking and driving? Contact expert criminal lawyer Martine Thibodeau to start preparing your defence as soon as possible.
Rigorous and meticulous, you’ll have a skilled, experienced criminal attorney building your case and making sure you have the best preparation possible prior to going to court.
Committed to finding the best strategies and solutions per your case, Martine Thibodeau has handled many cases of people driving under the influence or drinking and driving.
Driving under the influence per the criminal code
Most people assume that blood alcohol levels will be the deciding factor in a case that involves driving under the influence. This is not always the case.
Per the Criminal Code, a person is charged with driving under the influence when their ability to operate a vehicle is reduced by alcohol, drugs (including prescription medicine) or both. Further, this is not exclusive to automotive vehicles but also includes boats, trains, motorcycles or airplanes.
Advice in Case of a Charge
If you are arrested for impaired driving, contact me immediately. As a criminal lawyer, I can verify the validity of your arrest, ensure that proper procedure was followed, and defend you effectively in court.
It is also essential to preserve your rights: you have the right not to incriminate yourself and to request the assistance of a lawyer as soon as you are arrested, in order to protect your case and your interests.
Impaired driving in Canada: penalties and legal remedies
In Canada, driving while impaired by alcohol or drugs is a serious criminal offence. The legal blood alcohol limit is 0.08%, and exceeding this limit can lead to immediate arrest, often followed by an administrative driver’s licence suspension and vehicle seizure.
The penalties set out by law may include substantial fines, a driving prohibition, which may be eased by the installation of an ignition interlock device for a first offence, and, in some cases, imprisonment. Added to this are legal fees and increased insurance premiums, making this offence both costly and stressful.
If you are charged with impaired driving, I can help you defend your rights and explore all available legal options. As a criminal lawyer serving the Vaudreuil-Soulanges, Salaberry-de-Valleyfield, South Shore, and Haut-St-Laurent areas, I offer personalized representation and support you at every stage of the judicial process to protect your interests and achieve the best possible outcome.
A conviction leads to long-term consequences
- Criminal driving prohibition: it begins after the administrative suspension ends and can last one year or more for a first offence, and potentially for life in the event of repeat offences.
- Restricted licence: for a first offence, installing an ignition interlock device may allow you to obtain a restricted licence in order to continue driving, according to the conditions set out by law.
- Criminal record: any conviction is entered into your criminal record.
- High costs: fines, legal fees, lawyer fees, and increased insurance premiums.
- Additional sanctions: certain administrative measures from the SAAQ may be added to the criminal driving prohibition, with only the longest sanction applying.
Contact me today for a confidential consultation and find out how I can assist you when facing a criminal charge related to impaired driving.
What you must know
Offence and accusation
When you’re arrested by law enforcement for driving under the influence, you might actually be accused of also drinking and driving at the same time. If that were the case, during the trial, the judge would decide which accusation would hold. The first thing to do is contact a lawyer that’s experimented in defending those charged with driving under the influence or drinking and driving.
Serious consequences
Being charged with driving under the influence can have serious repercussions in your life. You can be fined a minimum of $1000 dollars, automatically lose your driving licence and even run the risk of going to jail. Contact Martine Thibodeau immediately in order to make sure your case in handled professionally, every step of the way.
Parked or moving vehicle: the law applies to both
You know you’re not in condition to drive so you decide to rest up in your vehicle before heading out. Sounds safe, right? Unfortunately, the Criminal Code does not differentiate between a parked and a moving vehicle. You could still be accused of controlling a vehicle while under the influence. This is very important to know and can save you the trouble of having to hire a defense lawyer. If you’re intoxicated, avoid your vehicle, or anyone else’s, until you’re ok.
FAQ – Impaired Driving
What is impaired driving?
Impaired driving means operating a vehicle while your abilities are reduced by alcohol, drugs, or a combination of both. In Canada, the legal blood alcohol limit is 0.08%.
What are the penalties for a first offence?
A first offence can result in a minimum fine of $1,000, immediate loss of your driver’s licence, and, in some cases, the installation of an ignition interlock device to obtain a restricted licence. Imprisonment is also possible depending on the severity of the offence.
What happens after an arrest?
“Upon your arrest, there is often an administrative licence suspension and vehicle seizure. You have the right to request a lawyer and not to incriminate yourself.
Does a conviction leave a criminal record?
Yes. Any conviction for impaired driving is recorded on your criminal record, which can have consequences on your personal and professional life.
What are the long-term consequences?
A conviction often results in:
Criminal driving prohibition that can last several years or for life in case of repeat offences
High costs including fines, lawyer fees, and insurance premiums
Additional administrative sanctions, for example those issued by the SAAQ
Should I consult a lawyer?
Yes. It is strongly recommended to contact a criminal lawyer as soon as possible. An effective defense can review the validity of your arrest, ensure proper procedure was followed, and prepare a strategy tailored to your situation.