Defending Against an Impaired Driving Charge in Canada- Your Legal Rights and Strategies

Can I fight an impaired driving charge in Canada?

Facing an impaired driving charge in Canada can be a daunting experience. The penalties for such a charge are severe, including fines, license suspension, and even imprisonment. However, it is important to remember that you have the right to fight the charges against you. In this article, we will explore the options available to you if you find yourself in this situation.

Understanding the Impaired Driving Charge

Before delving into the strategies for fighting an impaired driving charge, it is crucial to understand the nature of the charge itself. In Canada, impaired driving refers to operating a motor vehicle while under the influence of alcohol or drugs. This charge can be categorized into two types: impaired driving due to alcohol (commonly referred to as “over 80”) and impaired driving due to drugs or a combination of alcohol and drugs.

Challenging the Breathalyzer Test Results

One of the most common defenses against an impaired driving charge is challenging the accuracy of the breathalyzer test results. If the breathalyzer machine was not properly calibrated or if the test was conducted incorrectly, the results may be unreliable. It is essential to hire a skilled defense attorney who can scrutinize the evidence and identify any potential flaws in the testing process.

Arguing the Presence of Intoxication

Another defense strategy is to argue that the driver was not actually impaired at the time of the arrest. This can be done by presenting evidence that the driver’s performance was within the normal range or by challenging the officer’s observations and conclusions. It is important to note that the burden of proof lies with the prosecution, and they must prove beyond a reasonable doubt that the driver was impaired.

Challenging the Legality of the Stop and Arrest

If the officer who stopped and arrested you did not have reasonable grounds to believe that you were impaired, the entire case may be thrown out. This defense can be effective if the officer failed to follow proper procedures or if there was a lack of evidence to support the reason for the stop and arrest.

Seeking Expert Witnesses

In some cases, it may be beneficial to hire expert witnesses to support your defense. These witnesses can provide testimony regarding the accuracy of the breathalyzer test, the effects of alcohol and drugs on the body, and the driver’s performance during the field sobriety tests. Expert witnesses can help to cast doubt on the prosecution’s case and strengthen your defense.

Conclusion

In conclusion, if you are facing an impaired driving charge in Canada, it is crucial to consult with a skilled defense attorney who can help you fight the charges. By challenging the evidence, arguing the presence of intoxication, and seeking expert witnesses, you can increase your chances of success. Remember, you have the right to fight the charges against you, and with the right legal representation, you may be able to overcome this challenging situation.