3 Components of a Calgary DUI Defence: Part 3 - Your Defence Lawyer

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In Part 1 of this article, you learned about the issue of first and primary importance when it comes to your Calgary DUI: Alberta's impaired driving laws. They define the administrative and criminal charges for DUIs as well as the penalties that go with them, some of which—like vehicle seizures and driver's license suspensions—can occur automatically, before you've truly had a chance to mount a defence.

You also learned, in Part 2 of this article, that the Calgary Police and other law enforcement agencies in Alberta have been granted broad authorities in their pursuit of suspected DUIs. They can stop all drivers passing through DUI CheckStops, as well as any driver that appears to be driving erratically or that commits an infraction. If an officer stops a vehicle, at a CheckStop or elsewhere, and has any reason to believe the driver may be intoxicated, the officer can require the driver to submit to certain roadside sobriety tests, including a breathalyzer test for blood alcohol content.

If the officer doesn't believe the roadside sobriety tests are sufficient or appropriate for some reason, they can also require a driver they suspect of being impaired to accompany them to an approved facility for a blood test to determine if any intoxicants are present in the driver's system. Refusing to comply with a lawful request for a roadside sobriety test, or refusing to accompany a law enforcement officer for another test, can lead to a completely separate charge, in addition to or in the absence of a DUI charge.

But those broad law enforcement powers don't give the Calgary Police the final say in your DUI case. The law also gives you an important right that can help balance the scales for your DUI defence.

You ALWAYS Have the Right to Speak to a Calgary Defence Lawyer

One thing neither the Alberta's DUI laws nor the Calgary area's law enforcement officers can take away from you is your right to consult with an experience Calgary defence lawyer. The Canadian Charter of Rights and Freedoms guarantees all Canadians the right to a lawyer any time they are arrested, detained, or charged with a crime, and that includes impaired driving/DUI.

When you are arrested or detained for a suspected DUI, you still have to comply with lawful requests to perform sobriety tests. You will also need to provide your name and some other basic information, but you don't have to try to explain or defend yourself in the face of accusations. State your request to speak to a defence lawyer as soon as possible, and then wait until you are provided a chance to contact an experienced DUI lawyer.

This is the best way to preserve your rights and protect your interests.

A Calgary DUI Defence Lawyer You Can Count ON

If you or a family member has been charged with a DUI in the Greater Calgary Area, don't delay. Contact a knowledgeable Calgary defence lawyer today.

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