Your Defence Against Calgary's Burdensome DUI Laws
Automatic penalties that run counter the notion of "innocent until proven guilty." Restrictions that can continue indefinitely, even if you are ultimately found not guilty for your impaired driving charge. Questionable intrusions by the Calgary Police even when drivers operate their vehicles in complete accordance with the law.
The impaired driving or DUI laws at work in Calgary are more onerous than you may be aware, and they tend to favor law enforcement over the average citizen of the Calgary area. Whether or not these laws are fair, equitable, or reasonable, they are the laws that everyone must abide by. In an environment that holds Calgary drivers under such suspicions, understanding your rights, and what you can and cannot do to defend yourself against a DUI charge in Calgary, is an essential part of protecting yourself and your future.
What Calgary's DUI Laws Require
Calgary Police are allowed to set up DUI checkpoints or "checkstops," requiring all drivers to show identification and possibly to provide a breath analysis for alcohol regardless of the driver's behavior. Drivers passing through these points can be stopped even if they have obeyed all traffic laws and are driving safely; while failing to stop or comply with their requests might not result in a DUI charge, it can constitute other serious criminal offences.
Any time a driver is stopped, whether at an impaired driving checkstop in the Calgary area or following a simple violation of a traffic law such as speeding, a Calgary Police officer can require the driver to submit a roadside breath analysis for alcohol and/or to perform certain field sobriety tests. Refusing to comply with these requests is, under Calgary's DUI laws, an offence in and of itself, and can lead to your immediate arrest.
Anyone arrested for a suspected DUI, or for charges related to a lack of compliance with field sobriety tests, can be taken to a law enforcement facility and required to submit to other tests establishing BAC and/or the presence of any other intoxicating substances in the bloodstream. Again, failure to comply can result in criminal charges all on its own.
Furthermore, anyone arrested on suspicion of DUI can have their vehicle seized and their license suspended before a trial or other finding of guilt occurs. License suspensions for suspected DUIs involving a BAC of .08 or greater are supposed to persist until a case is settled in the Calgary courts, which can take over a year in some cases.
Calgary's Laws Also Entitle You to a DUI Defence
The law isn't all bad news, though. In addition to these burdensome provisions, the law dictates that anyone charged with any crime, including a DUI or impaired driving offence, is entitled to consult with a criminal defence lawyer at the earliest opportunity. Taking advantage of this right is your best bet when it comes to beating back Calgary's extreme approach to DUI enforcement.
If you or a family member has been charged with a DUI/impaired driving in the Calgary area, contact Calgary DUI lawyer Susan Karpa today for a free initial consultation. Don't become a victim of the lawbe heard, and get the help you deserve.