Why Should I Get An Impaired Driving Lawyer?
By Space Coast Daily // June 25, 2021
Being charged with a DUI comes with many undesirable consequences that can haunt you for days, weeks, months, and years into the future. You’ll be dealing with expensive fines, suspension of your license, travel restrictions, and possibly even jail time. Getting an impaired driving lawyer is the best thing you can do to give yourself a fighting chance to make it through the DUI in one piece.
Impaired Driving – What Exactly Is It?
A DUI stands for driving under the influence. It is a criminal offence that comes with severe consequences. In order for the Crown to prove that you were driving impaired, they must be able to prove that your ability to safely operate the vehicle was impaired as a result of alcohol or drugs.
If you’re impaired and operating any type of motorcycle, aircraft, vessel, or even railway equipment, you could be charged with a DUI.
What’s The Difference Between Driving Impaired and Driving 80 And Over?
There will need to be proof that you were under the effects of drugs or alcohol while operating the vehicle when it comes to driving impaired charges.
With driving 80 and over, means that if your blood alcohol content is higher than 80 mg of alcohol throughout 100 mL of blood, then that is higher than the legal limit. This is different than an impaired driving charge because your actual driving needs to be impaired by alcohol or drugs.
What Happens When I Get Pulled Over?
When the police pull you over on suspicion of driving under the influence, they will most likely ask you to take a breathalyzer test. If you flat out refuse to provide the breath test, then there is a chance that you could be charged for refusal to provide it. If you fail the breath test, your license will most likely be suspended for around three months. You’ll also be facing fines.
The police will release you if there weren’t any injuries or accidents involved. If there is, then you’ll be held for bail. In that case, you’ll have to appear in front of an official within a day of being arrested. If that ever happens to you, you’ll want to communicate with a DUI lawyer as soon as you can.
A DUI lawyer will tell you what you should and shouldn’t say. They will guide you throughout the entire process and come up with a bail plan. A bail plan usually includes sureties. Sureties are people that will take responsibility for you being back out in the community. Sureties will also agree to pay a specified amount of money if you don’t end up abiding by your release conditions.
Bail is a constitutional right that people have. You shouldn’t be denied bail without “just cause”. Based on the plan that your lawyer comes up with, the Crown will have their say on whether or not they agree to it. If the Crown isn’t completely sure that you’ll abide by the plan, they might contest it. If this happens, there will be a bail hearing set up.
Why Would I Be Denied Bail?
There are a couple of instances why someone might be denied bail:
■ If you’re a flight risk
■ If you’re a threat to the public
■ If your detention is necessary to keep the confidence of the justice system
The Crown will consider all of the factors surrounding your living situation, the offence, the bail plan, and the sureties. When the Crown reviews the bail plan, they will consider if any conditions need to be included in the plan.
Some conditions that the Crown might suggest are:
■ House arrest
■ Ankle monitoring
■ Refraining from contacting certain people
■ Not being able to travel
■ Driving restrictions
If you’re denied bail altogether, then you’ll be stuck in custody until a resolution is made or until you go to trial. Getting approved for bail can sometimes be a frustrating process to navigate. It’s always good to consult with a lawyer so that your chances of getting released go up.
What Are Some Of The Consequences Of Driving Impaired?
Driving impaired can affect many aspects of your life. At the very least, you’ll be paying $1,000 in fines and prohibition from driving for a year. If you are charged with a second DUI offense, you’ll be dealing with incarceration for a month and further driving prohibitions. If you’re caught driving impaired a third time and subsequent times, the charges just keep getting more severe.
No matter what, you’ll want to get an impaired driving lawyer to help you proceed with your case. Without one, you’ll be charged to the fullest extent of the law without securing a solid defence for yourself.
What Can A Lawyer Do For Me?
Getting a DUI lawyer can do a number of things to help you out through your DUI case.
■ They can assist you in properly navigating the justice system
■ They can try to get the charges lessened or even dropped
■ They can make sure that the Crown abides by all of the disclosure obligations
■ They can figure out if any of your rights were violated throughout the case
■ They can negotiate terms and conditions for you
■ They can analyze all of the evidence surrounding the case and develop a defense for you
Because every DUI case is different, an impaired driving lawyer will want to analyze all of the evidence regarding your case. The longer they spend looking at all of the documentation, evidence, and everything else, the better the chances are of a solid defense being made.
If you’re requiring an impaired driving lawyer with a wealth of knowledge and experience in the field, visit https://jonathanlapid.com/ to get started.