At Dostal Law in Brantford, Ontario, our experienced criminal lawyer can guide you through the legal process if you're pulled over for drinking and driving, ensuring your rights are protected at every step.
Step-by-Step Guide: Navigating the Legal Process After a Drinking and Driving Incident
Getting pulled over for drinking and driving is a stressful experience. At Dostal Law, we understand the anxiety and uncertainty you may be feeling. Here’s a step-by-step guide on what to expect and how to protect your rights.
#1 The Traffic Stop
When the police pull you over, remain calm and polite. Provide your driver’s licence, registration, and proof of insurance when asked. The officer may ask if you’ve been drinking. You are not obliged to incriminate yourself, so you can politely decline to answer questions about alcohol consumption.
#2 Field Sobriety Tests and Breathalyzer
If the officer suspects impairment, they may conduct field sobriety tests or ask you to take a roadside breathalyzer test. Refusing a breathalyzer test can result in immediate penalties, including criminal charges.
#3 Arrest and Detention
If you fail the roadside breathalyzer or the officer has reasonable grounds to believe you are impaired, you will be arrested and taken to the police station for further testing. At the station, you will undergo a more reliable breathalyzer test. Upon your arrest, the police should advise you of your right to speak with a lawyer and make arrangements to speak to the lawyer of your choosing in a timely fashion.
#4 Charges and Release
Based on the results, you may be charged with impaired driving, over 80 (having a blood alcohol concentration over 80 mg per 100 ml of blood), or refusal to comply. You will be given a court date and released.
#5 Immediate Penalties
Upon being charged, you face immediate penalties:
- 90-Day License Suspension: Your license will be suspended for 90 days.
- Vehicle Impoundment: Your vehicle will be impounded for up to 45 days.
- Administrative Penalties: You may face fines and fees.
#6 Legal Proceedings
You will have to appear in court to answer the charges. This is where Dostal Law comes in. It’s crucial to seek legal representation immediately. A skilled criminal lawyer can evaluate the evidence, challenge the validity of the stop or testing procedures, and develop a strong defence strategy.
#7 Potential Consequences
If convicted, the consequences are severe:
- Fines and Fees: Significant financial penalties.
- Licence Suspension/Driving Prohibition: An extended suspension period.
- Criminal Record: A criminal record that can impact your future.
- Increased Insurance Rates: Substantially higher insurance premiums.
- Ignition Interlock Program: Mandatory installation of an ignition interlock device in your vehicle.
#8 Building Your Defence
At Dostal Law, we will thoroughly review your case, examining all details of the traffic stop, the administration of sobriety tests, and any procedural errors that may have occurred including breaches of the Canadian Charter of Rights & Freedoms. Our goal is to protect your rights and achieve the best possible outcome.
#9 Moving Forward
Facing a DUI charge is daunting, but you don’t have to go through it alone. Dostal Law is here to guide you through the legal process, providing expert advice and representation. Contact us for a consultation to discuss your case and explore your options.