Kahlon Law is experienced in defending allegations of impaired driving and driving over 80, commonly referred by the American term, “DUI”. Kahlon Law harnesses the power of law to secure the rights of our clients. Read along to find out what happens if the police charge you for Impaired Driving.
If you or a family member has been are arrested for a driving related offence, give Kahlon Law a call at 1-(647) 978-8444 and rest assured that there will be a licensed professional looking out for your freedom and well being.
The allegation usually starts when the police stops a vehicle and suspects the driver to have alcohol in their system. Dependent on the officer’s observations of the driving and physical appearance of the driver, they may arrest the individual for impaired driving. Alternatively, if the officer does not have sufficient grounds, the driver will be asked to provide a sample of their breath in a roadside screening device (ASD). This device will either return a pass, warn or a fail result. Recent amendments in the Criminal Code eliminated the requirement that an officer form reasonable suspicion prior to administering an ASD.
A fail result on the ASD permits the officer to arrest the driver and make a further demand for a sample of breath into an approved instrument. The driver will be brought to the police station for a further set of tests to determine the concentration of alcohol in their blood. Prior to the administration of the second test, you have a right to consult a lawyer. It is always a good idea to exercise this absolute right of yours and call an expert Criminal Defense Lawyer before you proceed.
In addition to this, the police will also arrest you if you are found to be under the influence of any other drug or if they have reasons to believe that your driving ability is otherwise impaired. They will also arrest you if you refuse to take the breath test.
A first conviction of impaired driving, over 80, or refusing to provide a breath sample will result in a criminal record and a driving prohibition for one year. There will also be an increase in your insurance premium and a fine associated. Severity of the punishment increases with the level of seriousness and frequency of the offence. A second or third offence may result in a jail sentence along with a longer driving prohibition. Below is a chart highlighting the penalties associated.