What Happens When You Are Charged With Impaired Driving Charges?

Driving after drinking alcohol can be dangerous for you, other road users, and your passengers. Despite several campaigns to raise awareness of the risks of driving while impaired by alcohol, these offenses are still not rare.

Many times you think you are at risk of being charged with Impaired Driving only if you drive a vehicle with a blood-alcohol level above the legal limit, but it's wrong! Indeed, there are other circumstances that could lead to a charge of a Criminal Code offense such as:

  • Your ability to drive is impaired by alcohol even if your blood alcohol level is below the legal limit. Thus, a police officer will be able to arrest you and report it to you if he notices, for example, that you are zigzagging from one lane to another, that you are driving erratically, that you have difficulty expressing yourself, or you have red eyes, your breath smells strongly of alcohol, etc.

  • The combination of one or more symptoms may lead the officer to have reasonable grounds to believe that you are impaired.

  • You refuse to breathe into the breathalyzer or do the movement coordination tests.

  • You are drunk, but not driving: you are sitting behind the wheel, lying in the back, or near the trunk of a stationary vehicle. Be aware that the law defines the term "driving a vehicle while impaired" as operating a vehicle, but also having care or control of it.

Impaired driving is a serious offense because it can endanger lives. If you are caught driving under the influence of drugs, alcohol, or a combination of the two, the police officer will charge you with driving under the influence.

If this is your first accusation, you may not know what to expect. But never fear, Dui Lawyers have it all covered for you.

Driving under the influence of alcohol or drugs is considered a criminal offense, this is why one of the consequences of the country's impaired driving law is to charge the offender with a criminal conviction.

Most impaired driving prosecutions result in summary convictions. This means that the offense is solved without a jury. In some cases, however, they can be brought as an indictment and go to trial.

Suspension of license

If you are charged with impaired driving, your driver's license may be suspended if you are found guilty. After the first offence, you will be prohibited from driving for one year. After that, you will have to meet certain conditions before the judge returns your license.

The second time you commit the same offence, the authorities can revoke your license for two years or more, each repeated case will increase this duration by one year.

The easiest way to avoid the negative consequences of being caught driving under the influence is to obey the law. Otherwise, you risk a criminal conviction, license suspension, and many other fees and charges. If you have already been charged with this criminal offence, speak to an experienced Impaired Driving Lawyer in Calgary.