You need an Edmonton drunk driving lawyer in your defense
You’ve been stopped for drinking and driving, required to undergo a blood alcohol test on an instrument such as a Breathalyzer, Intoxilyzer, Intoximeter, or Datamaster and blown over the legal limit. Now what? The consequences will vary based on your level of blood alcohol content and whether you are a first-time or repeat offender (please refer to our information on second offences or third offences). For a first offence, the penalties are as follows.
Between .05 blood alcohol content and .08 blood alcohol content on a first offence
In some provinces (such as Alberta and Saskatchewan) provincial penalties are meted out for driving with a BAC which is actually under the legal limit imposed by the federal government of 80 mg% but which is also over 50mg%. If you are stopped in a jurisdiction which imposes such penalties and you are caught driving with a blood alcohol content between .05 and .08 you could be facing:
- 3-day licence suspension
- 3-day vehicle seizure
Plus, additional costs for towing and impounding your vehicle, which must be paid when you retrieve your vehicle.
Over .08 blood alcohol content on a first offence
Driving with a blood alcohol content over .08 is grounds for a criminal charge and carries the following penalties upon conviction:
- A minimum fine of $1,000.00.
- If you are working, the victim fine surcharge is normally imposed in the amount of 15% of the fine.
- You are also prohibited from driving for one year.
- The license suspension may be reduced to three months if you are enrolled in the ignition interlock program.
Refusing the breathalyzer in Alberta
For various reasons, sometimes people stopped by an officer on suspicion of impaired driving refuse to provide a sample into the screening device or into the breathalyzer. Occasionally, a person has difficulty providing a sample and ultimately fails to provide a sample: that person is also charged with refusal even though the person may have been really trying to provide a sample. Individuals who refuse or fail to provide a sample are charged accordingly under the Criminal Code. As such you will face immediate licence suspension and will have to defend yourself in court.
Three month license suspensions
Currently, when an individual is charged with impaired driving, driving with a blood alcohol content over 80 mg% or refusal to provide samples of breath, the individual, in Alberta, is given a three month license suspension which begins 21 days after teh initial 24 hour suspension. Bill 26 imposes a suspension which will remain in place until the outcome of the charges.
Get back on track. Consult an Edmonton DUI lawyer today.
Being charged with a first offence for drinking and driving can feel as if your life’s been derailed. You need to get back on your feet as soon as possible. We are here to help.
The Gunn Law Group’s criminal lawyers handle criminal defense of impaired or drunk driving charges in Edmonton, Fort Saskatchewan, Leduc, St. Albert, Spruce Grove, Sherwood Park, Beaumont, Bon Accord, Bruderheim, Calmar, Devon, Gibbons, Legal, Morinville, Redwater, Stony Plain And Strathcona County, Leduc County, Parkland County And Sturgeon County, Peace River, Fort McMurray, Grande Prairie and other communities in northern Alberta. We will go anywhere in Alberta, Saskatchewan, Northwest territories, Saskatchewan and Manitoba.
Call our offices at 1-780-666-7561 and start taking control today.