When I was younger, I didn't really see the point of spending a lot of time worrying about something as silly as liability. However, as my business continued to grow, I started to see the problems with some of our policies. I knew that I needed to consult with some lawyers to figure out how to protect our business, so I began focusing on taking care of things. I wanted to start a new blog to help other people to understand legal concerns, so I made this little website. I hope you can find information on the things you are looking for.
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In the past, if you were required to take a breath reading in Canada, the police needed to have a reasona
In the past, if you were required to take a breath reading in Canada, the police needed to have a reasonable suspicion that you were driving under the influence of alcohol before you would be forced to take the test. However, with changes made to the amendments, drivers can now be asked to provide a breath sample to an appropriate screening device at any time and can face a criminal offence if they fail to do so.
The Consequences of a DUI in Canada
DUIs in Canada are strictly enforced and the charges you might face can be very serious. You may face jail time and may also need to pay fines. You may also have your license suspended and you will not be allowed to drive for at least a year. After your second offence, your license might be revoked for a much longer time.
Because a DUI can lead to many serious consequences, you will want to contact a criminal lawyer who has experience handling DUI cases. However, while you are required to undergo a breath reading, you will still be able to have your charges reduced or dismissed based on how the breath reading is carried out.
The Breath Reading Might Not Be Correct
To argue that the reading is incorrect, you will need to prove that the device is defective and that the reading would not be high enough to be over the legal limit if it was not defective. However, you will need to prove that the reading was defective to be able to raise this defense. A criminal defence attorney can raise the best possible defence for you in court.
The breath test needs to be taken within a reasonable time frame as well. If you haven't driven for hours, your attorney will argue that the breath test cannot be reliable based on your weight, how much alcohol you consumed and the amount of time that has passed. Then, the judge may not be allowed to take into account your breath readings regardless of how high they are.
Beware of Outdated Defenses
You also may have just recently consumed the alcohol and it might not have had time to enter your bloodstream. This is referred to as the "bolus" defence and is no longer accepted. Regardless of the defence you use, challenging a breath reading can be difficult but is still possible when your criminal defence attorney helps you craft a solid case.
Contact a local criminal defence lawyer if you've been charged with a DUI.
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