Driving under the influence (DUI), driving while impaired (DWI), drunk driving and impaired driving all mean the same thing – a Criminal Code offence which impacts heavily on the life of the person charged. Add to that an accident in which someone was injured or killed and the situation suddenly becomes exponentially more serious. Even for a first offence, a driver who drives under the influence of alcohol or a drug and causes an accident causing bodily harm or death is often looking at very long jail sentences as well as an automatic 5 year loss of licence. These charges need to be handled by criminal defence lawyers who are sensitive to the issues inherent in these kinds of cases.
The impaired driving defense team at Gunn Law Group has a solid reputation for successfully defending impaired driving charges involving death or bodily harm. Most commonly, impaired driving arrests involve drinking and driving but a driver may be subject to Impaired driving charges when a law enforcement officer suspects that a substance, chemical, or condition is impairing the driver’s ability to operate a motor vehicle safely. More and more arrests occur in Alberta because the police officer suspects that the accused driver is under the influence of illegal drugs, narcotics or even legal prescription medications and not necessarily alcohol.
Gunn Law Group has a reputation for vigorously defending dui arrests because we employ the following approaches:
- Questioning the legality of the traffic stop.
- Challenging the methods for determining sobriety.
- Cross-examining witness testimony and questioning the police investigation and procedures.
- Using an expert toxicologist’s testimony, when appropriate, to refute the Crown’s evidence.
- Questioning whether causation of the bodily harm or death has been established.
- Employing challenges to laws, codes, statutes and legislation.
So much is at stake when you or someone you know is arrested and charged with driving impaired and causing an accident involving bodily harm or death so it is critical that you get the help of a DUI lawyer who knows the system and can give you the best chance of getting your drunk driving causing death or bodily harm charges dismissed or reduced. The impaired driving lawyers at Gunn Law Group have been very successful in helping clients resume their everyday lives after impaired driving cases in which serious accidents occur.
Laws in Alberta
Drunk driving laws prohibit a person from operating a motor vehicle or from having the care or control over that vehicle when one’s ability to operate the motor vehicle is impaired by alcohol. If you are taken into custody on suspicion that you are driving drunk, a qualified technician will require a sample to be taken of the accused driver’s breath in a breathalyzer-type device known as the Intoxylizer 5000C. The test is administered in order to determine the level of milligrams of alcohol present per 100 milliliters of blood. However, in the case of impaired driving causing bodily harm or death, the situation is often different. In cases of serious accidents, sometimes the accused driver is incapable of providing a breath sample because he or she was also badly injured in the accident. In those cases, blood samples are required in order to prove the allegation of having operated a motor vehicle while the blood alcohol concentration (BAC) exceeded the legal limit. Blood sample cases are much more complex than breath sample cases and require the knowledge that only a criminal lawyer with experience in the area will possess.
DUI laws state that the charge of over .08 is usually added if it is discovered that the analysis of the blood samples seized from the accused driver revealed a BAC over the legal allowable limit of .08. These instances can lead to impaired driving causing bodily harm or death charges. If the driver fails to either provide a sample of their blood (in situations where the person has the capacity to consent or refuse) the result will be a charge of refusal. Charges of drunk driving, impaired driving causing bodily harm or death, over .08, DUI and DWI and refusal are very technical and require the police and technicians to adhere to strict rules and procedures. There are a variety of ways to challenge the accuracy of the BAC testing procedures, and the DUI defense team at Gunn Law Group is well versed in this area. We are skilled at scrutinizing the evidence and pointing out errors in defence of our clients’ cases.
You can’t afford to lose your licence and you don’t want to go to jail
In a regular impaired driving conviction, if a person loses their license or has their driving privileges suspended due to impaired convictions, DUI accidents, or drinking and driving accidents, the way they conduct their daily lives could drastically change because of these consequences:
- A permanent criminal record
- Termination of employment and career issues
- Loss of license
- Inhibited ability to work or care for children
- Mandatory treatment programs, DUI classes
- DUI car insurance increases
- Immigration status issues
If, however, the person is convicted of having operated a motor vehicle while impaired or over the legal limit and caused an accident in which death or bodily harm was the result, the consequences are much more serious. Jail sentences of a year or more are possible even for a first offence. These are very serious charges and you need a knowledgeable criminal lawyer to help you through it. If you or someone you know has failed a breathalyzer test, refused to provide a blood sample, been caught driving drunk, been arrested and charged with a DUI, impaired driving or caused a drunk driving accident in which bodily harm or death ensued, contact a DUI lawyer who has a proven track record in Alberta courts.
Contact our Impaired Driving Accident Lawyers in Edmonton Today!
You need to know all of your options. This is a complex legal matter, and you need expert DUI attorneys on your side. Contact Gunn Law Group today to schedule a consultation to discuss the necessary defense strategies for your impaired driving case.
The Gunn Law Group handles 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, and other communities in northern Alberta. We will go anywhere in Alberta, British Columbia, Northwest territories, Saskatchewan and Manitoba.
Call our offices at 1-780-666-7561 and get help today.