Ontario’s impaired driving laws became stricter in 2018 after the passage of Bill C-46. As a result, many drivers may be misinformed regarding safe alcohol consumption limits and the penalties they may face if they breach them.
And while alcohol affects everyone differently, blood alcohol level is one of the factors that can determine whether you are legally able to drive.
As a criminal defence lawyer in Brampton, I have had many clients charged with DUIs, and many of them had serious misconceptions about their charges. This is why I have prepared a list of some of the most common myths related to impaired driving and debunked them.
Let’s take a closer look.
Leading Criminal Law Firm in Brampton Debunks Common DUI Myths
To help drivers understand the seriousness of drunk driving, I debunk some of the most common misconceptions and myths around DUIs.
Read about some important things to know about being charged with your first DUI.
MYTH #1: A DUI is a traffic offence and doesn’t qualify as a criminal offence.
Many people think since a DUI charge is related to driving that it is a traffic offence, not a criminal one. This is incorrect and will be added to any existing criminal record if you are found guilty. Furthermore, there are severe penalties to be faced when it comes to dangerous driving and other similar offences that can turn your life upside down.
When facing a DUI charge, it’s in your best interest to contact the best criminal defence lawyer in Brampton you can find. They will offer legal counsel and ensure that the risks associated with such offences are mitigated.
MYTH #2: Drivers have to submit to a field sobriety test when requested by law enforcement authorities.
It is not mandatory to take a field sobriety test, even if a police officer asks. Indeed, you are under no legal obligation to do so and can politely refuse. The test is based on your ability to perform complicated manoeuvres that demonstrate dexterity and coordination, and not everyone can manage to do these successfully, regardless of their physical state. Moreover, there are numerous environmental factors that can affect your ability to pass such a test. Even if you were to, there is no guarantee that you won’t still be arrested for driving under the influence.
MYTH #3: Being charged with ‘impaired driving’ and ‘over 80’ are the same thing.
Under the Canadian Criminal Code, impaired driving and driving over 80 are separate charges. But drivers are often charged with both for the same incident.
‘Over 80’ refers to the concentration of alcohol in the driver’s blood while impaired driving signifies the effects that the alcohol has on the driver.
Here is an example. Someone who drinks regularly may have a number of drinks in a short span of time and have a blood alcohol content of 80 mg in 100 ml of blood, but their behaviour may not have changed. Thus, these individuals won’t fall into the ‘impaired’ category. On the other hand, someone new to drinking alcohol might only have a couple of drinks throughout the night. This will result in their blood alcohol content being below the legal range, but they may display problems with coordination and be unable to drive. These individuals fall into the ‘impaired’ category.
MYTH #4: There’s no need to hire a DUI or criminal defence lawyer.
Some drivers charged with a DUI think that it is okay to represent themselves, as it isn’t a serious charge. But DUI charges are generally complex and require someone experienced with the applicable laws. This makes it important to hire the best criminal defence lawyer in Brampton for your case. They will have the skills, experience, and knowledge to navigate Ontario’s complicated legal justice system. Plus, they will also know how criminal proceedings work and prepare the most applicable defence strategies.
MYTH #5: Even if I’m convicted, I will get to keep my license.
When someone is convicted of impaired driving, over 80, dangerous driving or refusing to give a breath sample, Ontario’s Ministry of Transportation can suspend their driver’s license for up to a full year. This amount of time can be extended for subsequent offences. Furthermore, the driver may be required to install a breathalyzer in their car for a certain period of time after they get their license back. The criminal court may also suspend your license for a specific length of time, depending on their charges. The only way to regain it, whether for work or for other purposes, is to have your charges reduced to ‘careless driving’ or something similar.
Making assumptions about impaired driving in Ontario can have serious outcomes with long-standing consequences. If you’ve been charged with a DUI, don’t go through it alone. Instead, hire the best criminal defence lawyer in Brampton you can find. Along with trying to have your charges withdrawn and protecting your rights, they can analyze and point out issues in your case that you cannot. They will do everything they can to ensure you don’t receive a criminal record, which can have serious implications. If you or someone you know has been charged with a DUI, call Saini Law at 647-823 6767 and schedule a free consultation.