How To Beat A Dui In Nova Scotia? Trust The Answer

In Canada, Nova Scotia is one of the strictest provinces when it comes to driving under the influence (DUI) cases. Nova Scotia tolerates a lower blood alcohol limit for its drivers.

In the United States and most Canadian provinces, the legal blood alcohol content (BAC) limit for drivers is 0.08. However, a driver tested above 0.05 can be charged with a DUI in Nova Scotia.

Consequences of a DUI in Nova Scotia

Cases of DUI in Nova Scotia are considered serious crimes because they endanger drivers, passengers, pedestrians, and other motorists. For this reason, a DUI in Nova Scotia is heavily penalized by law. Below is a list of the consequences of being charged with DUI in Nova Scotia:

Consequences of a DUI in Nova Scotia: License Suspension

License suspension duration varies based on the severity of a DUI in Nova Scotia. Drivers with a BAC score between 0.05 and 0.08 will be immediately banned for 24 hours. And a driver caught with a BAC above 0.08 will be banned for 90 days.

Offenders convicted of a DUI in Nova Scotia face stiffer penalties. A one-year driving ban will be imposed for the first offense. For the second violation, the ban is three years. DUI Nova Scotia third offenders receive a 10-year ban, while a lifetime ban is the penalty for the fourth offense.

Consequences of a DUI in Nova Scotia: Fines and Fees

A DUI in Nova Scotia is not only extremely dangerous, but also very costly. Drivers can be fined from $600 to $2,000 if caught with a DUI in Nova Scotia. The offender will also be billed $115 for license reinstatement.

There are other financial consequences of being caught with a DUI in Nova Scotia. In addition to the fines, offenders will also see a significant increase in their auto insurance premium.

Consequences of a DUI in Nova Scotia: Mandatory substance use education

Persons convicted of a DUI in Nova Scotia undergo alcohol and drug addiction screening. After the test is done, the person charged with DUI in Nova Scotia is referred to a treatment program if there are signs of addiction.

Meanwhile, drivers who show no signs of drug addiction are required to enroll in a program for DUI in Nova Scotia. The course can take a whole year.

Consequences of a DUI in Nova Scotia: Ignition Interlock Installation

An ignition locking device could also be installed in the vehicle of a person charged with DUI in Nova Scotia. This is a way for first-time offenders of DUI in Nova Scotia to reinstate their licenses sooner.

To prevent further cases of DUI in Nova Scotia, the ignition locking device requires the offender to pass a breathalyser test before turning on the vehicle. Should the driver fail, the vehicle’s engine will not start. The device can be removed after nine months.

Consequences of a DUI in Nova Scotia: Detention

A DUI in Nova Scotia could result in a prison sentence. Repeat offenders of DUI in Nova Scotia could serve at least 14 days. Meanwhile, a person caught for DUI three times or more in Nova Scotia could face at least 90 days.

Higher penalties apply if a DUI has caused injury or death in Nova Scotia. In severe cases, the perpetrator faces life imprisonment and a permanent driver’s license suspension.

Access to develop sobriety

A DUI can be a result of drug or alcohol addiction. Substance abuse is a serious matter that needs to be addressed as soon as possible.

Evolve Sobriety is a rehabilitation center dedicated to supporting individuals and families affected by drug addiction. Don’t hesitate to contact us if you or someone you know needs immediate treatment for alcohol or drug addiction. Start your recovery today!

The recovery and support you need

We live in a world where addiction and mental health issues can be discussed openly. Many people’s lives are affected by the two. If you or someone you know needs treatment, you should seek professional help. If you need someone to help you with your recovery, you can turn to Evolve Sobriety. We provide treatment systems and support for people who need access to care and resources. But Evolve Sobriety does more than that.

We develop sobriety

We’re a Canada-based organization that helps everyone, no matter where they are in the world. We offer our services to people who have substance abuse or mental health issues. Our team consists of people who have faced the dark side of addiction and mental health issues. Each of us is grateful to have a leader who helped us get sober, and we want to do the same for those who are struggling. At the moment we have highly qualified sober interventionists on our team who will do their best to guide you through this difficult situation.

what we want to do

Evolve Sobriety offers comprehensive recovery solutions for individuals and their families. We guide our clients through the entire process and ensure they make informed decisions. This is rooted in our mission to connect as many of our customers as possible with a long-term recovery solution.

Our services

A person who needs treatment for their addiction or recurring mental health problems can easily reach out to us. We provide adequate and affordable services to those in need. Here are the services we offer:

valuation

We start helping people by creating their profiles. We receive information about their physical and mental health problems, their type of addiction, their medical history and whether they have any particular problems. From here we create a treatment program that is carefully selected to meet your needs.

treatment referral

Once we have fully assessed the client’s needs, we connect them with one of our partner network facility providers. We only refer our clients to select quality treatment centers, each specializing in a specific area of ​​mental health and addiction. We offer our patients the most suitable options for them based on their budget, location, preferences and assessment. We also have international resources and can, where possible, manage the logistics of a client traveling for treatment.

interventions

Our professional interventionists are trained to carefully deliver interventions for people whose lives have become difficult because of their condition. They can act as leaders, educate, enlighten, and strategize with everyone in the family.

Online coaching and support

Evolve Sobriety also offers text, video and email support, allowing you to communicate with a sobriety coach when and how you want. You can get advice once or twice a day, but you can message your trainer if you need more.

case management

Here at Evolve Sobriety we have professional case managers who can guide our clients through anything. You will become a central point of contact and ensure that the process does not become stressful for customers.

family support

We not only help people with addiction and mental health problems. We also help their families. We offer education through a range of programs that demonstrate how to support a family member with these issues.

Sober companions and coaching

At Evolve Sobriety, we have transition professionals who are trained to guide people on their journey through recovery. Each assistant has a personalized plan for each client.

Sober transportation

We also help reduce the risk of anxiety when traveling by transporting our customers safely and comfortably. If possible, we take care of travel planning, organization and costs.

The right service and the right solution

Evolve Sobriety can give you, or someone you know, the quick reaction you need. Over the years we have practiced excellence in providing our clients with everything they need for their recovery. Contact us now to start your journey.

Can I travel to Canada if I had a DUI 20 years ago?

If a US passport holder had a past criminal conviction amounting to a potentially serious crime in Canada, they could be refused entry at the border for crime. A DUI is now a felony in Canada, punishable by up to a decade in prison. Consequently, a single conviction of DUI, DWI, OVI, OWI, DWAI, or even reckless driving in the wet can result in an American being criminally barred from entering Canada for life. It is possible to get permission to cross the Canadian border with a DUI by applying for a temporary resident permit (TRP) or criminal rehabilitation. A TRP is a quick fix for a limited period of time, but requires a valid reason to travel. Canadian rehabilitation is a permanent solution, but takes significantly longer and requires more paperwork.

If a visitor has just a single DUI from almost twenty years ago, they can be considered a grandfather under old Canadian laws and be considered “rehabilitated by virtue of time”. Canada changed its DUI laws in December 2018, making drinking and driving a felony. Before Bill C-46 went into effect, however, a DUI in Canada only carried a maximum prison sentence of five years. This meant that foreign nationals with a single DUI conviction were deemed “rehabilitated” or safe by the Canadian government after ten years had passed since all judgments were fully completed.

If a US citizen wishes to visit Canada with a DUI that happened almost twenty years ago, he or she may be eligible for grandfatherly presumed rehabilitation since the offense occurred long before Canada changed its laws. However, before attempting to enter Canada with a 20-year drunk driving offense, it is advisable to consult with a Canadian immigration attorney about your eligibility for grandfathering rehabilitation. Now that driving is a serious crime north of the border, Canadian Border Security does not mess with such offenses and the onus of proving their legality always rests with the visitor! If a traveler does not bring adequate proof of their eligibility, they risk being turned around at the border, regardless of how long ago the incident happened. If an American has had more than one driving disability conviction in the past, accepted rehabilitation is likely never an option, and the person must often apply for special entry clearance to avoid the risk of border denial.

Want to enter Canada but have a DUI from about twenty years ago? Contact our legal team today for a FREE consultation!

Can Canada even see a DUI from 20 years ago?

After 15-20 years it is easy to forget about an old DUI, after all such an event is usually an unpleasant experience that most people like to think about. The Canadian border never forgets, however, and our law firm spoke to hundreds of Americans denied entry due to criminal convictions as far back as the 1970’s. The Canadian government has full access to the FBI’s National Crime Information Center (NCIC) database. Consequently, the Canadian border can see almost every single arrest and conviction that has taken place in the United States over the last half century, and there is no limit to how far back Canadian border controls on DUI.

Even if a conviction is eventually “fall off” or sealed or erased, expect the Canadian border to still be aware of it. Visiting Canada with a DUI after twenty years is certainly possible in a variety of circumstances, but anyone with an arrest record involving DUI or DWI should show up at a port of entry well prepared. Individuals who have concerns about entering Canada with a DUI from 20 or 30 years ago can call an immigration attorney’s office north of the border to discuss their eligibility.

If someone is not eligible for accepted rehabilitation, e.g. B. A person who had two DUIs twenty years ago can learn how to come to Canada with a DUI by applying for temporary residency or rehabilitation. While many people simply shun the country as soon as they learn they are inadmissible, a person whose crimes were committed more than 20 years ago often has strong arguments that they should be considered rehabilitated if they choose to have one to apply for a Canadian pardon. Other driving offences, such as driving with a suspended license, dangerous driving, negligent driving and reckless driving (both dry and wet) can now also be treated as a serious offense above the limit.

My DUI happened 20 years ago, why is Canada still taking care of it?

Many Americans are shocked to learn that a negligent disability conviction can still be a problem at the Canadian border twenty years later. This is because driving under the influence of alcohol or drugs in Canada can be a criminal offense similar to a crime in the United States. Today, if a US citizen is convicted of drunk driving, they can be banned from Canada forever. That being said, the laws weren’t as strict back then, which is why Canada Border Services Agency (CBSA) officers often overlooked a DUI from twenty years ago unless the visitor had other criminal records. However, with Canada’s tough new DUI laws, border controls have tightened significantly, and agents can now request proof that a person traveling with a US passport or an Enhanced Driver’s License (EDL) is permitted under border regulations .

Why do I have to take paperwork to the border?

If you had a DUI twenty years ago, you probably don’t relish the idea of ​​hiring an attorney just to make sure you get to Canada successfully. If the CBSA authorities can see my twenty-year-old DUI, why can’t they say if I’m eligible for grandfathered presumptive rehabilitation, many people wonder. There are several reasons why it may not be clear to border security whether or not an American with a DWI from twenty years ago is inadmissible. First of all, eligibility for deemed rehabilitation is based on the full execution of all sentences, not the date of arrest or conviction. Many people hear that going to Canada with a DUI from 10 years or more ago can be much easier than a recent conviction, but they don’t know when the clock will start ticking or what all that entails.

An FBI background check typically shows when a person has been charged with drunk driving and when they have been convicted, but just by looking at the database, border officials have no idea whether a person is paying their fines, attending classes, or successfully completing other court orders has legal requirements. Canadian border officials also often have no idea how long a person had their driver’s license suspended or when their probation ended, unless the traveler brings such documents with them. Even failure to report parole can slow eligibility for accepted rehabilitation.

Since drunk driving became a serious crime north of the border, Canada’s border officials have become much stricter when it comes to dealing with visitors whose convictions for drunk driving or reckless driving show up on their background check. If a US citizen convicted of a misdemeanor twenty years ago drives to the border or flies into Canada and does not have any court documents or papers with them, border officials use their discretion to decide whether to let the person into the country. Of course, this can be very risky for the visitor as the trip can turn into a disaster if the border officials decide to refuse them entry into the country. After twenty years some agents could certainly decide that a person was likely to qualify as rehabilitated and if in doubt agree, but without proof of admissibility some agents could refuse entry to a visitor with a previous record of drunk driving.

Not all misdemeanor and felony convictions related to a driving impairment even qualify for grandfatherly presumed rehabilitation under the rules. Consequently, an American traveling to Canada with a history of DUI dating back twenty years may have to prove they qualify for a crime. Additional charges, such as leaving the scene of an accident or driving while driving, can also prevent a visitor with an old DUI from being considered safe by border authorities.

Determining that a foreign national is entitled to be possessed under the old rules may also include determining that the relevant offense was not yet classified as a serious crime in Canada at the time of the incident. It can be particularly difficult to equate a US crime with an old Canadian law that has a different maximum penalty than today’s DUI laws. For this reason, many Americans interested in going to Canada with a DUI arrest or conviction 15, 20, or even 25 years ago receive a Legal Opinion Letter from an experienced immigration attorney in Canada. Such documentation can allow an individual to show up at the border without stress, knowing they have sufficient evidence to demonstrate their eligibility under Canadian immigration law. If someone wants to visit Canada with a dismissed DUI charge, they should show that the end result was not a conviction, otherwise border authorities may be concerned about the charge.

Wondering how you got to Canada with a DUI from twenty years ago? Contact our team today for a free consultation!

In life, we don’t always make the best decisions. Sometimes we stumble and make mistakes. As with anything, sometimes our bad mistakes come with consequences. If you break the law, you can be held accountable for your mistakes and feel the consequences long after your sentence has ended or your fines have been paid. For these situations, you could try to get a pardon.

While driving with a disability is pretty serious business, should it really be with you for the rest of your life? Drunk driving convictions can take a toll on your life, making things like finding a job or renting an apartment more difficult. You will naturally want to put the whole ordeal behind you and move on with your life.

If this sounds like your situation and you want to leave your DUI in the past, a DUI pardon is the best solution. Getting a pardon for a DUI can be quite a difficult process, but living without a record is worth the effort. If you’re interested in getting a DUI pardon, here’s everything you need to know!

How long does it take to get a DUI pardon?

Since DUIs are considered summary offenses (less serious offenses) in Canada, you must wait 5 years after paying your DUI-related fines to seek a clemency. Therefore, you should pay your fines as soon as possible to reduce the time it takes to obtain a pardon. You should also start collecting the required documentation before the 5 years are up as it takes between 12 and 20 months to prepare all the documentation.

Once you have submitted your duly completed paperwork, there is no specific timeframe when you will receive your pardon. The time frame for a DUI pardon varies in each case, it can take an average of 9-18 months while some can be completed in 6 months or less.

Obtaining a DUI Pardon

As with most charges, obtaining a pardon and removing a charge from your criminal record requires the help of a parole and renunciation service. Before contacting a pardon and waiver service, you must meet 3 conditions.

The first condition is that you have completed your sentence. This includes paying your fines/surcharges and completing your suspended or suspended sentence.

The second condition is to wait 5 years after paying your fines and serving your sentence as mentioned earlier.

The third condition is that you have conducted yourself well and have not received any new convictions or offenses.

If you have met all of these conditions, there is a good chance you will be granted a pardon and the DUI will be removed from your record.

Why Get a DUI Pardon?

If you have a DUI but are unsure whether to really go through with the procedure, it’s important to consider anything that a criminal record may complicate. With a record, you will have a hard time finding a good job, renting a house or apartment, fostering and adopting a child, and more!

Even if you haven’t encountered any obstacles because of your criminal record, chances are you will in the future. It’s best to get your record cleared as soon as possible so you aren’t deterred from taking advantage of great opportunities.

If you get a pardon, the DUI will be removed from your criminal record and you can live your life without restrictions.

If you already have a charge of DUI and it is affecting your daily life; a DUI pardon is the best solution. Contact Pardon Canada at 1 (800) 543-2137 for professional assistance and expert advice.

A drunk driving report does not always mean a driving ban

There are a number of ways you can defend yourself against a drunk driving charge. Just because you’ve crossed the drunk driving line doesn’t mean you’re guilty of drunk driving. In this blog we would like to show you how you can avoid a drunk driving ban.

M.A.J Law is offering a free initial consultation to anyone charged with drunk driving. We can explain your options to you in detail right from the start.

You may already know that driving under the influence of alcohol carries with it a mandatory driver’s license suspension. This means that if you are convicted of the crime, you will be banned. A withdrawal of the driver’s license despite a conviction can only be avoided if there is a special reason. The duration of your driving ban depends on your alcohol content. With higher alcohol levels, the ban is therefore longer. The minimum driving ban is 12 months. The court may also impose a fine, civil penalty or imprisonment. Take a look at the guidelines below.

Drink driving conviction guidelines

Breath Blood Urine Disqualification 36 – 59 81 – 137 108 – 183 12 – 16 months 60 – 89 138 – 206 184 – 274 17 – 22 months 90 – 119 207 – 275 275 – 366 23 – 28 months 120 – 150 > 276 – 345 367 – 459 29 – 36 months

If you have or have not driven under the influence of alcohol or drugs in the past 10 years, the minimum disqualification is 3 years. The drunk driving rehabilitation course reduces the duration of the driving ban by 25%.

FAQ – sentencing guidelines

Can I pay a higher fine to avoid a ban?

no The fine is means-tested and depends on your income. It is usually around 100-150% of your weekly net income. If you plead guilty at the first opportunity, you would receive maximum credit against the fine. The maximum credit is one third. The duration of the disqualification is not taken into account.

I look after a family member. Will the court allow me to keep my license?

no There are no regulations allowing a convicted drink driver to keep his driver’s license as a guardian. Drunk driving has far-reaching consequences and will no doubt affect those around you. The court cannot take this into account when sentencing. My friend was banned for 6 months for the same offence. Can I get a 6 month ban?

No one can get a 6-month driving ban for drunk driving. The only exception are cases where the court establishes special grounds. If you are convicted of drunkenness, the court can impose a 6-12 month disqualification. This is only the case for the most serious drunken offenses. Am I going to jail?

Impossible to go to jail for drunk driving. Only in the most serious cases will a person be sentenced to imprisonment for drunk driving. The likelihood is greater if a person has a relevant criminal record or if there were serious aggravating factors.

How do you get out of drunk driving?

Defend the charge

According to Article 6 of the European Convention on Human Rights, everyone has the right to a fair trial. Drunk driving cases are tried in the Magistrates’ Court. You can find out the difference between the criminal courts on the GOV.UK website. The criminal prosecution process usually begins with the arrest by the police. Evidence is then gathered by the police to determine what actually happened and who was involved. In a drunk driving case, the following evidence could be included:

A breath of testimony An MGDDA document

Once the relevant evidence has been collected, the police will decide whether it is sufficient to charge the suspect. In order to bring charges, the police must be satisfied that there is sufficient evidence to give a reasonable chance of convicting the suspect. Depending on the type and seriousness of the crime committed, this decision will be made by the police or the Crown Prosecution Service (CPS). When a person is charged with drunk driving, they are usually released and placed on bail in the magistrates’ court.

Prosecutors review every case they receive from the police or other investigators. Review is an ongoing process and prosecutors must consider any change in circumstances that may occur as the case progresses. This includes what becomes known about the prosecution case, any other reasonable lines of inquiry that should be pursued, and receipt of unused material that may undermine the prosecution case or assist the defense case to the extent the charges are amended or dropped should or the prosecution should not be continued. If a case is to be dropped, care should be taken in choosing the method of termination as this may affect the victim’s position under the victim’s right of review. Whenever possible, prosecutors should consult the investigator when considering changing the charges or dropping the case. Prosecutors and investigators work closely together, but the ultimate responsibility for deciding whether or not to proceed with a case rests with the CPS. [CPS code for prosecutors]

In almost all cases with a positive breathalyser test, the police will file a complaint against the suspect. A date is then set for the suspect to appear in court for the first time. If you have received a court date, no doubt you will be very concerned. We have produced an extensive leaflet on First Magistrates’ Court Hearings. You can access it here.

There’s nothing wrong with pleading not guilty, even if you’re crossing the legal line. Everyone has the right to challenge an allegation made by the police and to examine the evidence against them. Not only can you continue for 2 to 6 months, but you can also see the full case file of the CPS, including all witness statements and the MGDDA document. It is only by examining the evidence that you can find flaws in it.

Last week we looked at the best drink driving defenses of 2020.

Are you thinking of pleading guilty?

Our case studies take a look at real cases involving real people. You may also be interested in information about court hearings in the Magistrates’ Court and Sentencing Guidelines. You can also find more information on our case study page.

Public Prosecutor’s Disclosure

If you’re a regular reader of our blogs, you’ll know that we often talk about the implications of disclosure (or lack thereof) in criminal prosecution. Under the Criminal Procedure and Investigations Act 1988, the CPS is required to provide you with:

The evidence wants to be used against you. A list of unused material

This disclosure should be made as soon as practicable after an acquittal in the Magistrates’ Court and normally within 28 days of the initial hearing. But what happens if the CPS doesn’t make the disclosure within the allowed time frame?

A failure by the CPS to provide disclosure is one of the most common ways we win drunk and drug driving cases. This is because the rules of evidence require the CPS to serve its evidence before the trial. Due to understaffing and administrative problems, CPS often miss deadlines and make silly mistakes. This is a common occurrence in magistrates’ court cases, usually because drunk driving cases are less serious than other higher court offenses.

Unfortunately, it’s not that easy to sit back and let the CPS slip. The defense must be proactive in contacting the CPS and may need to refer the case back to the court for pre-trial review. As an experienced team of specialized defense lawyers, we advise you on all these issues. We know the best way to secure your position to give you the best chances of winning your drunk driving.

special reasons

A special reason is not the same as a defense. In other words, you cannot defend the case with any particular reason. Oddly enough, a special reason isn’t the same as a reduction either. Most defendants have some form of mitigation to plead (i.e. if I license my job, I lose my job), but not everyone has a specific reason. The most common arguments for special reasons are discussed in our latest video. You can see this below.

Next steps: Please contact us to discuss your case with a member of our team. For a free initial consultation, you can use the contact form below or call 01514228020. You can also use our no drinking calculator or watch our video series.

Usefull links;

Mind Mental Health Support

adjustment

NHS drug supplement

turning point

Being charged with driving under the influence of drugs or alcohol can disrupt your life in many ways. Every time you’re found guilty of DUI, you run the risk of paying a hefty fine and losing your driver’s license for a period of time, even if it’s just your first offense. Additionally, you could find yourself with a criminal record. This can affect your employment both now and in the future. Here are some ways a DUI Ontario criminal record can transform your career.

DUI and a criminal record

A DUI is a criminal offense in Canada, which means it goes on your record and pops up whenever a potential employer searches for criminal convictions. It’s important to note, however, that the DUI will only appear on your record if you are convicted. This means that being stopped by a police officer and accused of being disabled while driving is not enough to get a criminal record. If you believe you have been wrongly charged, you can consult a DUI attorney and challenge the charges in court. If your attorney can dismiss your case or settle it for a lower fee, you may be able to avoid a criminal record. In this case, employers looking for legal problems in your past will not find any allegations that would serve as a red flag.

Can DUI prevent you from getting a job?

In fact, there is no law in Canada that prevents a person with a DUI on their record from getting a job of their choice. However, certain employers are less likely to hire someone with a criminal record. For example, any job that requires regular driving also tends to require a clean driving record. An employer who reviews your driving records and finds a DUI has every legal right to refuse you employment. Similarly, many government education jobs and opportunities require you to pass a background check before starting work. As a criminal offense, a DUI will be reported at these controls and could jeopardize your employment opportunities.

Will a DUI ruin my career?

There’s no legal requirement that you lose your job if you’re accused of DUI, but more and more employers today have requirements in their employee policies that give them leeway to terminate an employee for criminal offenses. Losing your driver’s license after a DUI conviction can have a huge impact on your career. If your job requires frequent travel, even a first infraction can stop you in your career. Many employers also have a code of conduct that a DUI conviction could violate. Finally, a DUI may require you to enroll in a substance abuse program, which would require you to miss work. Your employer may make it easy for you, but you absolutely can get fired for DUI.

How long does a DUI stay on your record?

Once you’ve been convicted of a DUI charge, your record will never be the same. While many places in the United States have a set period (usually between five and 10 years) after which a DUI is deleted from a person’s record, Canada isn’t as lenient. Since a charge of obstructing driving is considered a criminal offense, it stays on your record forever. That doesn’t mean you’re always branded a criminal. In fact, after a few years, your insurance companies will likely lower your premiums back to the pre-DUI rate if you can show that the incident was a one-time mistake. However, employers who conduct a criminal background check can always find that you have been convicted of drink driving.

Do you need to disclose a DUI to a potential employer?

During the application process, many employers ask whether you have a criminal record or not. But is a DUI a criminal offense on a job application? Unfortunately, the answer is yes. You can always try to hide the conviction by not addressing it during the application process and hope your employer doesn’t fully screen you, but if caught doing so you may be immediately disqualified from the position. Unfortunately, no matter how you look at it, the relationship between a DUI and employment in Canada is tight. A DUI conviction makes it harder for you to get a job, and you have very few options to overturn that conviction.

How do you get a job with a DUI on your record?

Despite the fact that you end up with a criminal conviction on your record, a DUI charge doesn’t always prevent you from finding employment. If you apply to an organization that doesn’t require a criminal background check, you don’t have to disclose anything to anyone. Even if the matter turns up during a search of your records, it’s not impossible to get a job with a DUI on your record. Showing good judgment and behavior, having a strong personal record despite the conviction, and having the opportunity to explain yourself can help place the DUI in the right context. It can still hurt your chances, but it doesn’t necessarily disqualify you. Unfortunately, jobs like banking, teaching, and government work can be barred to you when you have a DUI.

Which jobs are most likely to be affected by a DUI?

A DUI is more likely to derail certain career paths over others. First, the indictment can completely destroy careers in fields where a criminal conviction automatically leads to disqualification. This includes many government and private sector entities that have high security requirements, such as: in banking. Second, certain employers have a code of conduct that employees must follow outside of their working hours. For example, teaching and public relations positions are likely to be subject to more rigorous scrutiny than other positions. If you find yourself in one of these positions with a DUI conviction, you may face disciplinary action or even possible termination.

How do you prevent a DUI from getting on your record?

If you are stopped and charged with DUI, the best way to prevent it is to consult an experienced DUI attorney who can help you fight the charge. A lawyer taking your case can review the public record of police activity surrounding your arrest and compare it to your own testimony. The attorney can identify locations where the arresting officer may have violated proper protocol, which could result in your case being thrown out. If you find yourself in a situation where you are likely to be found guilty of DUI, your attorney may be able to negotiate a settlement or persuade the court that the incident should be charged as a summary conviction rather than a felony. If you do eventually get a DUI on your record, an attorney can advise you on next steps to mitigate the damage to your career.

Can you remove a DUI from your record?

If your attorney manages to charge your DUI as a summary conviction rather than a felony, you don’t have to worry about the impact on your records. Unfortunately, many DUIs are charged as criminal offenses, leading to all of the devastating consequences listed above. There is one last thing you can try after getting a DUI on your record: a pardon from the Canadian government. To receive a pardon, five years must have elapsed between the time the sentence was served and your request. However, if you apply successfully, the pardon will seal that part of your criminal record. The indictment doesn’t go away, but employers can no longer access it as part of a background check.

Is it worth getting a pardon for DUI in Canada?

Whether it’s worth getting a pardon for a DUI depends on what’s at stake for you personally and professionally. Due to the long duration of a pardon, the immediate consequences for your career are unavoidable. However, if you plan to remain in a professional field where such a crime could disqualify you from future positions, seeking a pardon may be worthwhile. The key to obtaining a pardon is making sure you apply for a full and proper pardon. In this case, finding an attorney who knows how to properly file parole records can be an essential step. The fewer mistakes you make, the more likely it is that your pardon will pass all the necessary checkpoints and be approved.

As you can see from the information above, a single DUI can potentially ruin a promising career. There are options to file the charges as a summary offense or to seek a pardon a year later. If you’re accused of DUI, an experienced attorney can be your best ally, no matter what course of action you choose.

Canadian law is very strict and imposes some explicit penalties on offenders involved in various crimes such as: B. Driving under the influence of DUI or impaired driving, drug-related crimes, assault, and theft or fraud. Such legal violations are associated with corresponding penalties and fines. A criminal record in Canada not only has serious consequences within Canada, but can also result in a travel ban to the United States of America and other countries for a period of time. However, our experienced criminal defense attorneys can help you either win your criminal case or obtain a court clemency, which may still allow you to travel abroad.

You can apply for a passport under certain circumstances

Many people believe that they cannot get a passport in Canada simply because they have committed a crime in the past. Although a criminal record can cause some problems, it may still be possible for you to obtain a Canadian passport. You can still apply for a passport without disclosing your criminal record as long as it doesn’t prevent you from traveling to foreign countries.

Some considerations Criminal records served

If you have a criminal history and have already served all aspects of your conviction such as fines and jail time, you are undoubtedly eligible for a Canadian passport. However, getting a passport does not automatically guarantee that you can travel anywhere in the world, as any country can refuse you entry by checking your criminal record through a criminal background check.

Apply for a pardon before visiting a foreign country

The majority of countries conduct thorough background checks on their visitors during the visa process. Criminal attorneys therefore strongly recommend that you first apply for a clemency before planning a stay abroad. It is also preferable to go through the visa requirements of the destination country before booking your international flight.

Things to remember before traveling to the US with a criminal record

If you have a criminal history and are planning to travel to the United States, remember that United States Border Control and Customs enforce strict controls on their foreign visitors. They ensure no Canadian convict enters the United States of America as they have access to the Criminal Record Base of Canada. We recommend that you apply for a United States Entry Waiver in addition to your passport if you plan to enter the United States with a criminal record.

Caution: You cannot obtain a passport if you are currently charged with a criminal offense

If you are charged with a crime that results in a jury trial, you will have serious problems obtaining a passport until the final verdict is reached. Let’s say if you’ve committed a criminal offense that could result in a possible year or two in prison, your passport application could be denied until the judge in the courtroom finds you “not guilty.”

Slaferek Callihoo is a recognized criminal law firm based in Edmonton, Alberta. Visit our website to learn more about our services or contact us for free legal advice.

What is drunk driving?

Drunk driving is driving a motor vehicle while being unfit to drive due to the consumption of alcohol. Most drunk drivers are caught by the police after being stopped at the side of the road in a suspicious manner. The police can also follow drivers to their destination and catch them there.

They do this by taking a breath test that shows how much alcohol is on your breath. If found to be over the legal limit, you will be taken to a police station and taken into custody. Police usually use a more sophisticated breathalyser at the station to provide a more accurate test, and they may also take blood or urine samples as evidence that you have been driving under the influence.

What is the limit for drunk driving under UK law?

In England and Wales, the legal limit for alcohol in 100 milliliters of breath is 35 micrograms. It is illegal to operate a motor vehicle with more than 35 micrograms of alcohol on your breath.

How Much Alcohol Takes You Over the Alcohol Limit?

There is no definitive answer to this question as there are a number of factors that can affect exactly how many units of alcohol are your body’s alcohol limit.

This includes your age, height, weight, metabolism, gender and how much you’ve eaten.

What types of drunken offenses are there?

Drunk driving is only one criminal offense and the legal alcohol limit provides a clear black and white rule as to when drunk driving has been committed. However, if you are charged with drunk driving, there are certain aggravating factors that can affect the severity of the conviction.

Aggravating factors in a drunk driving charge

There are a number of factors that can lead to a more severe penalty for drunk driving. These include:

Previous drunk driving offenses

Be involved in an accident

have passengers in your vehicle

Driving in bad weather conditions

Extenuating Factors in a Drunk Driving Charge

Mitigating factors are very rare in drunk driving cases, as these types of offenses are taken extremely seriously by prosecutors. However, these types of factors that can mitigate the severity of a penalty may occasionally apply and may include:

Not knowing a drink was spiked

Some emergency situations

Drive a very short distance or not at all

Can you commit drink driving without being in a car?

As drink driving under English law refers to driving a motor vehicle, it is entirely possible to be charged with drunk driving without having been behind the wheel.

If it can be proven that you attempted to drive under the influence of alcohol, you could be charged with drunk driving.

Indicators for this are:

Be near your vehicle

Be in your vehicle but not in the driver’s seat

have the key in the ignition

A reason to drive can be taken as evidence of your intention, e.g. B. the need to work or a booked appointment that is a clear motivation for you to get behind the wheel despite exceeding the alcohol limit.

If you have consumed more than the legal alcohol limit, it is not worth approaching your vehicle as mere proximity or possession of the car keys could be enough for a drunk driving charge to be filed.

What are the penalties for drunk driving?

The conviction guidelines for drunk driving depend not only on some of the factors mentioned above, but also on how far you have broken the alcohol limit.

All drunk driving convictions carry a criminal record, but:

A relatively low reading on a breathalyzer can only result in a fine

Community sentences, including probation orders and home curfews, come into effect above two and a half times the legal limit

If the value is more than 120 micrograms, a prison sentence of up to six months can be considered by the court. You could also face an unlimited fan and a driving ban for up to three years.

Have you been charged with drunk driving and now face a drink driving ban? Are you worried about what sentence you will get in court? Want to know how long you will be banned?

Hopefully the following information will answer some of the many questions you have. You may also find the drink driving fine calculator helpful.

Is a drinking ban definitive?

Yes. Drunk driving is an offense which carries with it a mandatory driving suspension of at least 12 months, as laid down in the Road Traffic Offenses Act 1988, Section 34(1).

How long does an alcohol driving ban apply?

A court-ordered drunk driving ban lasts for a minimum of 12 months under UK government law.

The minimum period of disqualification imposed on a drunk driving conviction is automatically extended if an offender has certain prior disqualifications and/or convictions.

The minimum prohibition period is increased to 2 years if an offender has been disqualified twice or more for a period of 56 days or more within three years prior to the commission of the drunken offense.

The minimum prohibition period is increased to 3 years if they have been convicted of any of the following offenses within 10 years of committing the drunken offense:

Death due to careless driving under the influence of alcohol or drugs

drive or attempt to drive while unfit

Driving or attempting to drive while intoxicated

failure to drive while driving or attempting to provide a sample for analysis

Magistrates, when determining the duration of the sanction to be imposed for driving under the influence, first determine the minimum period of sanction they are required to impose under the legislation described above.

They then refer to the Magistrates Sentencing Guidelines, which provide guidance in the form of recommended drink driving bans.

The periods of ineligibility recommended by the guidelines increase with the alcohol content found in the commission of the intoxication offense in an offender’s system.

The higher the alcohol content of an offender at the time of drunk driving, the longer the suspension of the driver’s license lasts.

Magistrates will also consider all relevant circumstances surrounding the drunk driving, including any aggravating or mitigating factors that could lead to an increase or decrease in the period of confinement, before deciding on the precise length of confinement to be imposed.

A drunk driving ban can be very lengthy if an offender has previously been disqualified and convicted or had high levels of alcohol in their system when committing the offence.

Can an alcohol driving ban be circumvented?

It is possible to avoid drunk driving withdrawal if “special reasons” for the refusal or withdrawal can be successfully demonstrated.

Any particular reason presented to the court for refusing approval or disqualification must relate directly to the commission of drunk driving.

Personal circumstances such as loss of job, income or home due to occupational disability or family members who are dependent on a driver do not constitute special reasons.

Specific reasons for non-endorsement or disqualification may include:

Shortness of distance traveled (yards or feet, not miles)

Driving due to a genuine emergency (medical or otherwise)

laced/staggered drinks

If a person has been charged with drunk driving and they can prove to the court that they drove the vehicle only a few yards and had no intention of continuing, then the court could theoretically decide at its discretion not to disqualify the driver’s license .

Courts do not routinely allow convicted drunk drivers to avoid disqualification, and convincing the court to exercise its discretion not to award a disqualification for “special reasons” can be a difficult task.

Frequently asked questions about drinking and driving

After an arrest with more than 4 times the legal limit, imprisonment is likely and what are the likely costs?

First, this is a serious offense. If possible, your husband should hire an attorney to represent him. We would be happy to offer you an initial meeting to discuss the case in more detail and then provide you with a fixed fee offer.

I have to say that imprisonment is quite possible under these circumstances. The court’s sentencing guidelines indicate that detention is appropriate for readings above 116 milligrams of alcohol in 100 ml of breath. The legal limit is 35 milligrams. Therefore four times the legal limit would be 140 milligrams. It’s rare to find readings over 150 milligrams, so your husband’s reading is on the high end of what the court is used to. A prison sentence can certainly be imposed on this basis, but this will depend very much on the mitigation asserted by the court. He needs representation from someone with a lot of experience handling cases like this as it could make a difference.

Depending on your combined income, legal aid is likely to be available. Only lawyers with a franchise and criminal defense contract can offer legal aid, so be careful who he hires.

After being involved in a serious car accident, my son was arrested for drunk driving, he has no memory of the incident. Can the police use blood taken from him while he was unconscious as evidence and if so is there a time limit within which he must be charged?

The Road Traffic Act 1988 allows police to ask a hospital doctor to take a blood sample from an unconscious patient without the patient’s knowledge or consent, provided certain criteria are met. However, before they can then submit that sample to laboratory analysis and rely on it to prove an allegation of drunk driving, they must obtain the patient’s retrospective consent to do so. Your son may have unknowingly consented to the collection and testing of the sample at some point during the period that he cannot remember. Then the question may arise as to whether your son was mentally capable of giving his informed consent given his state of health at the time. This will likely require some evidence from the doctor in charge of his treatment at the time.

Refusal to provide retrospective consent upon request may result in a refusal to provide a blood sample, with penalties similar to those of driving under the influence of alcohol.

Whether your son was arrested or not doesn’t matter. For crimes such as drunk driving and driving without due care and attention, the police have six months from the date of the alleged crime to either charge your son or bring information to court (i.e. filing paperwork and applying for a subpoena). It is possible that the police may want to question your son about the incident at some point and may arrest him for this purpose at any time in the 6 months following the incident. When the police are investigating a more serious offense of dangerous driving, there is no time limit for bringing a prosecution.

Your son should ask for a lawyer if he receives any further contacts from the police. Stephensons 24 hour helpline is available on 01616 966 229.

At the age of 16 I was convicted of drunk driving and had a blood sample taken to determine my alcohol level. I recently heard that parental consent is required to draw blood from a minor and that was not given. Could the conviction be overturned on these grounds?

The Police and Criminal Evidence Act 1984 requires an appropriate adult to be present at a police station with a juvenile or other vulnerable person. A suitable adult will often be the child’s parent, but not always. Very often the parents of those arrested are not available to visit the police station and instead an appropriate adult from a social services panel is asked to attend. A suitable adult is there to facilitate communication between police and young people and to look after the child’s welfare. He or she is not there to provide legal advice, but should certainly be present if an intimate rehearsal, such as a blood sample, is requested from a young person to ensure that the request and the consequences of refusal are properly understood.

If the suspect (whether adult or juvenile) is in a hospital and is unable to give consent due to his/her condition, the doctor’s consent is required for a sample to be taken. However, the Road Traffic Act 1988 does not require parental consent to be obtained before asking a young person to provide a blood sample under Section 7 of the Road Traffic Act.

Do I have to repeat my driving test after an alcohol driving ban?

After the driving ban has expired, you do not have to repeat your driving test. However, you must apply for the return of your driver’s license to the DVLA again before you can drive again. If you are classified as a high-risk offender, the DVLA insists that you undergo a medical evaluation by one of their licensed medical experts before they return your driver’s license. A 3 year ban and community order like the one you describe sounds like a very harsh punishment when you were even 10mg in the air above the regulatory limit. A 3-year ban is imposed on offenders with a similar criminal record within the past 10 years or with a very high reading. High-risk offenders are those with two convictions in 10 years, or who had a high reading, or who failed to provide a sample.

Can you please tell me the minimum penalties for drunk driving, reckless driving and driving without insurance on a provisional license?

Ultimately, the total sentence will depend on the particular facts and circumstances of the case as presented in court. You probably won’t get a separate penalty for no insurance and reckless driving offenses, but these will be reflected in the penalty you get for drinking and driving. Drunk driving carries a minimum 12-month ban and up to 6 months in prison. The alcohol value is something that the dish will pay special attention to. However, if you also had an accident, for example, even though you crossed the border and were uninsured, then these factors will aggravate the offense (ie make it more serious). I would recommend that you seek legal advice before going to court.

When driving in a private parking lot (pub), do drink driving laws still apply?

Drinking and driving laws apply to “streets or other public places.”

The answer depends on whether the property in question is a place to which the general public has unrestricted access. Pub car parks are usually accessible to the public, although they may be privately owned. Examples of parking lots that may not be public places could be those with private memberships, a sign saying “Members Only Parking” or a barrier over the entrance/exit preventing cars from entering and exiting the parking lot leaving.

I’m a new driver and just had my license suspended for drunk driving, I’ve been banned from driving for 12 months and no points. I’ve been told I need to reapply for my driver’s license but I don’t need to retake my test, is that correct?

The new driver regulations only apply to new drivers who earn 6 points within 2 years of passing the exam. Those who do have to repeat their test. This does not apply to you this time, since you did not receive any points. All you have to do is serve your 12-month ban and then apply to the DVLA to have your driver’s license returned. It is true that you do not have to repeat your test. The court should have considered offering you the Alcohol Drive rehab course which, if successfully completed, reduces your suspension by a further 3 months. This is something that must be offered and accepted at the point of sentencing. If not, it’s too late now unless you appeal the verdict, which you must do within 21 days.

I am an Irish citizen with an Irish driving license while working in England I was charged with drunk driving. I intend to contest these charges but if I lose my court case as an Irish citizen will I be banned from driving in England?

If you lose your court case and are convicted of drunk driving, you will be banned from driving for at least 12 months as the offense carries a mandatory driving ban. It also carries anything up to 6 months in prison. It has nothing to do with your nationality. The law applies equally to anyone convicted of drunk driving in England and Wales.

I was arrested for trying to delay the delivery of a sample, thinking I might be close to the border. Is this allowed?

Under Section 6(5)(b) of the Road Traffic Act 1988, a police officer has the power to arrest a person who fails to provide a breath sample where required under that section and the police officer has reasonable grounds to require a sample .

Unfortunately, the guidelines suggest a 2-year driving ban if found guilty, which is more than the 12-month minimum for drinking and driving.

However, the law requires the police officer to warn the suspect that if he does not provide a sample, he will commit a crime. This is a strict requirement that is not always followed by the police. In addition, the court must satisfy itself that the accused has understood the warning and the consequences of the omission. That’s the basis on which our lawyers have won cases like yours. We encourage you to have a conversation with one of our experts to further investigate your case.

I was charged with being intoxicated as the person in charge of a motor vehicle after spending the night in my car after a party, although I had no intention of driving until I was sober. where am i standing

Under the Road Traffic Act 1988 (as amended) you commit an offense if you either:

drive or attempt to drive on a street or other public place; or,

drive a motor vehicle while on a street or other public place; and

You are under the influence of alcohol or drugs.

Therefore you can see that you can commit a criminal offense just by driving a motor vehicle. Being “responsible” has a very broad definition and can include circumstances where you are not even in the car. It appears that you were legally responsible for the vehicle provided you were in possession of the keys.

A defense exists if you can show that you were unlikely to be able to drive while you were unfit to drive. The burden of proof is on you to prove this, but you only have to prove it on the basis of a balance of probabilities, not beyond a reasonable doubt. We strongly encourage you to obtain a report from a forensic expert to confirm when you would have been below the legal limit again. If you can show that you were unlikely to have driven before that point, the defense may be successful.

This is obviously a serious allegation and while you may find it unfair, there is a risk that you will be found guilty in the circumstances. You should seek advice urgently.

I was charged with drunk driving and driving without insurance. What kind of penalty am I likely to receive?

In the case of a conviction for drunk driving, the penalties include a driving ban of 16 to 20 months, a fine, court costs and a victim’s surcharge. The fine depends on your income, the court fine after a guilty plea will usually not exceed £60 and the victim’s surcharge is £15. Your attorney should ask magistrates to refer you to a drunk driving rehabilitation course, which, if successfully completed, will allow you to request the return of your driver’s license after serving three-quarters of the ban.

I have been charged with driving with excessive alcohol, I believe my drinks have been tampered with, can I prove this in court?

It is possible to argue the possibility of laced drinks as a particular reason for not imposing the mandatory disqualification that offenses involving excessive drinking lead to conviction. If you could convince a court that there were special reasons in your case (the burden of proof is on you), you could get 3-11 penalty points instead of a ban. You will need evidence from an expert to show what your alcohol content would have been and (ideally) evidence from the snuffer. However, in my experience, lacers very rarely attend court, and when present they very rarely choose to testify.

I was charged with drunk driving. I gave the police a breath sample and my reading was 48 micrograms. However, I have since been told that they should have given me the opportunity to donate blood. Is that right?

Up until now, if the test result was 50 or less in the breath, the police had to offer you the option of giving a blood or urine sample. However, on April 10, 2015, the law was changed and this is no longer the case. For more information, see our blog post.

I have had a DR10 on my license for four years after being convicted of drunk driving. I understand this expires after 11. I’m a truck driver and the DR10 is preventing me from finding work. Is there anything I can do to get this? remover early?

I’m afraid there’s nothing you can do. The Rehabilitation of Offenders Act 1974 determines when convictions are terminated. The reason a DR10 stays on your driver’s license for 11 years is because under the Road Traffic Criminal Code a second similar conviction within 10 years will result in an automatic minimum 3 year ban. There is no provision that allows you to request that your conviction be overturned before the end of the rehabilitation period.

I was convicted of drunk driving for the third time in 10 years. What is the minimum and maximum fine I can receive?

The minimum ban is 3 years for a second drunk driving conviction within ten years. The minimum remains 3 years for a third conviction but will likely be longer, possibly 4 or 5 years. If you have previously benefited from the Alcohol Drives Rehabilitation course, the Court is unlikely to offer it to you again. Also, the DVLA classifies you as a high-risk offender, and when your suspension is eventually completed, you must undergo a medical evaluation by a licensed physician before your license is returned. You can’t drive until you get your driver’s license back. In addition, the offense can be punished with up to 6 months imprisonment.

I have served 2 years of a 3 year disqualification for drunk driving. Can I apply to get my driver’s license back now?

Yes, you can request the early return of your driving license after serving 2 years of a 3 year ban. This is done by applying to the court that imposed the ban. The court will hear sworn evidence from you and any other witnesses you wish to call, and will also consider any documentary evidence you provide in support. There are certain criteria that the court must consider when considering your application. These types of applications can be difficult to successfully complete and I would strongly recommend that you seek professional advice and representation.

I have to go to court for drunk driving. This will be my second conviction in the last 10 years. Last time I was given a 12 month ban for a reading of 56mg and this time my reading is 73mg. What can I expect?

Based on the limited information in your email, I am assuming that you admit to this offense and intend to plead guilty. If this is the case, you will receive credit in the form of a 1/3 penalty reduction if you plead guilty at the earliest opportunity. However, I would recommend that you seek legal advice before filing your claim. A road traffic attorney can look at the evidence and tell you what to do after verifying, for example, that the police followed the correct procedures and that the breath results were taken correctly and reliably.

You are absolutely right, a second conviction of this kind within 10 years results in a disqualification of at least 3 years. In addition, Magistrates Court sentencing guidelines suggest that a breath reading of 73 mg should result in a Band C fine. As a guide, this can be around 150% of your weekly salary. However, these are guidelines only and the court will judge each case and each defendant on its own merits. The court considers other factors, including previous convictions. Typically, penal guidelines suggest that imprisonment should only be considered for readings of 116 mg and above. The question is whether, in your case, your previous conviction is a sufficiently serious factor for the court to increase the sentence to imprisonment. It’s impossible to say for sure as it depends on the magnitude of the aggravating features of the case and the mitigation you propose. As far as I know you were pulled over as part of a routine check and not for driver error or an accident, it has been almost a full ten years since your last drunk driving conviction and you have had no further convictions in the meantime and as it stands listens, you have fully cooperated with the police. All of this will help your case, as will any personal mitigation that can be presented, for example your family and work situation. If the court is not satisfied with a fine, there are a number of penalties it may now consider as an alternative to immediate imprisonment, such as a suspended sentence or a community order involving unpaid labor or supervision.

You may find it useful to have someone represent you at the hearing to give your peace of mind and ensure the best possible outcome of the case.

I was charged with drunk driving while sheltering in my car in a private parking lot (with gates). Is this legally a private car park or a public place?

The answer is that the property in question could be both a parking lot and a public place. Drink driving or drunk driving may be committed on a “street or other public place”. The definition of the street is a defined right of way between two points and must be a place to which the public has unrestricted access. Private car parks may or may not meet this definition depending on the particular characteristics of the property in question, which warrants further study. If it doesn’t meet the definition of a “street” and isn’t a place accessible to the general public, you might have a defense.

I was in a traffic accident and asked for a breath sample. I was unable to provide a sample due to a panic attack. I was arrested and taken to the police station, but still could not provide a sample due to hyperventilation. What result can I expect?

A person may plead guilty to failure to provide a specimen without necessarily refusing. Providing the police request for a breath sample was in good faith, then providing either a roadside breath sample or two evidentiary breath samples at the police station is an offence. It could be argued that in your case you committed two different offences, once by failing at the roadside and a second by failing at the police station. A conviction for failure to provide a breath sample is punishable by up to 6 months in prison. In addition, there would be a compulsory disqualification. Current Magistrates Court sentencing guidelines suggest the ban should last for no less than 24 months.

However, they have a defense that avoids this if successful. You may be able to demonstrate that you had a “reasonable excuse” for not providing it. Once you claim that you had a reasonable excuse, if it is legally capable of being such, it is for the prosecution to establish beyond any reasonable doubt that there was no reasonable excuse. The main case states that circumstances that constitute an adequate excuse must result from a physical or mental inability to provide a specimen or a significant health hazard in providing it. In your case, you seem to imply that your panic attack and severe hyperventilation resulted in your physical inability to provide a sample and that the police officer acknowledged that you were trying your best. This may be related to post-traumatic stress after your accident. If the court accepts this reasoning, you should be found not guilty.

Police are under no obligation to offer you the option of giving blood or urine in a case like this, although they will usually do so if defendants have a genuine reason for being unable to give breath. The fact is, they could have done it if they wanted to but chose not to.

The case law is littered with examples of defendants being found not guilty of failing to provide breath samples for reasons similar to yours. To maximize your chances of success, you must rely on compelling medical evidence. First, you should get a statement from the nurse who treated you at the police station and possibly other medical evidence to support it. If there are other cases in which you have been treated for panic attacks in the past, reference to them can also be helpful. Strong medical evidence is key to the success of your case, as well as an experienced motor law attorney to gather your evidence and argue your case for you.

I was involved in a car accident after which I returned home and drank alcohol, the police then did a breath test which I failed. Can I prove that I consumed alcohol after the first incident?

What you raise is commonly referred to as a “hip butt” defense. In other words, the alcohol in your system at the time the breath sample was given was due to consumption after an accident. The law states that you must prove that the alcohol in your body was consumed after the accident and not before. In order to do this, you must obtain a report from a coroner, known as a ‘back calculation’, which will tell you what concentration of alcohol was in your system at the time of the accident. To do this, the forensic scientist needs certain specific information before they can create a report. If the report is positive, you should rely on the expert’s evidence at your trial and his report would then have to be served on the prosecutor in accordance with the rules of criminal procedure (i.e. at least 7 clear days before your hearing date). Back calculations by scientists are very accurate and are based on proven scientific formulas. If the expert is given incorrect information his report will be flawed and normally the expert will be able to determine that he has been given scant information and if he says so in his report it can undermine the entire basis of your defence. To be successful, thorough and detailed preparation is essential.

Impaired Driving Laws

Disability to drive is the leading cause of criminal death and injury in Canada. In 2017, more than 69,000 incidents of impaired driving were reported by police, including nearly 3,500 drug-related driving incidents.

Please visit Canada’s Impaired Driving website for statistics, research and more information on the dangers of driving with reduced mobility.

It is important to note that additional laws or regulations may apply to provinces and territories. Be sure to check the laws in your area.

Impaired Driving

The Criminal Code prohibits driving while impaired by drugs, alcohol, or a combination of both. Penalties for this offense range from a mandatory minimum sentence to life imprisonment, depending on the seriousness of the offense

Forbidden Levels

In addition to the criminal offense of being unfit to drive, there are separate criminal offenses if prohibited concentrations of alcohol, cannabis or certain other drugs are detected in the blood within two hours of driving. Penalties range from fines to life imprisonment, depending on the seriousness of the offence.

alcohol

The prohibited blood alcohol concentration (BAC) is 80 milligrams or more (mg) of alcohol per 100 milliliters (mL) of blood.

Hemp (THC)

There are two prohibited levels for THC, the primary psychoactive compound in cannabis: Having between 2 nanograms (ng) and 5 ng of THC per ml of blood is a less serious offense. It is a more serious offense to have 5 ng THC or more per ml of blood.

Combination of alcohol and cannabis

The prohibited concentrations of alcohol and cannabis combined are 50 mg or more of alcohol per 100 ml of blood and 2.5 ng or more of THC per ml of blood.

other drugs

It is also illegal to have any detectable amount of LSD, psilocybin, psilocin (“magic mushrooms”), ketamine, PCP, cocaine, methamphetamine, or 6-Mam (a metabolite of heroin) in your system within two hours of driving .

The prohibited level for GHB is 5 mg or more per liter of blood because the body can naturally produce small amounts of this drug.

Punish

Driving with disabilities is a serious criminal offense that poses a significant threat to public safety. Prohibited levels of alcohol, THC or other impairing drugs in the blood within two hours of driving are punishable by law.

Penalties for this behavior can vary depending on your alcohol or drug concentration, whether this is your first or repeat offense and whether you have caused bodily harm or death to another person.

Penalties for Drugged Driving – Text Version Penalties for Drugged Driving Alcohol Impaired Charge: Drinking and Driving A blood alcohol concentration (BAC) of or above 80 mg per 100 ml of blood within 2 hours of driving

Penalty: 1st Violation: Mandatory minimum fine of $1000; maximum 10 years imprisonment 2. Offense: Mandatory minimum sentence of 30 days; Maximum 10 years imprisonment 3. Offense: Mandatory at least 120 days imprisonment; Maximum 10 years imprisonment

Drug impairment charges: Drug-impaired driving 5ng or more THC per ml of blood within 2 hours of driving Any detectable level of LSD, psilocybin, psilocin, ketamine, PCP, cocaine, methamphetamine, 6-Mam within 2 hours of driving 5 mg or more GHB per 1 liter of blood within 2 hours after driving

Penalty: 1st Violation: Mandatory minimum fine of $1000; maximum 10 years imprisonment 2. Offense: Mandatory minimum sentence of 30 days; Maximum 10 years imprisonment 3. Offense: Mandatory at least 120 days imprisonment; Maximum 10 years imprisonment

Combo Charge: A BAC of 50mg per 100ml of blood + 2.5ng or more THC per 1ml of blood within 2 hours of driving

BAC of 50mg per 100mL of blood + 2.5ng or more THC per 1mL of blood within 2 hours of driving Penalty: 1st Violation: Mandatory minimum fine of $1000; maximum 10 years imprisonment 2. Offense: Mandatory minimum sentence of 30 days; Maximum 10 years imprisonment 3. Offense: Mandatory at least 120 days imprisonment; Maximum 10 years imprisonment

Charge: Refusal to comply with probation request Penalty: 1st Misdemeanor: Mandatory minimum penalty of $2,000 2nd Misdemeanor: Mandatory minimum penalty of 30 days; Maximum 10 years imprisonment 3. Offense: Mandatory at least 120 days imprisonment; Maximum 10 years imprisonment

Driving under the influence – summary conviction Charge: More than 2 ng but less than 5 ng THC per ml of blood within 2 hours of driving

More than 2 ng but less than 5 ng THC per ml of blood within 2 hours of driving Penalty: Maximum $1000 fine Charge: Improper driving causing bodily harm Penalty: Summary conviction: Maximum 2 years imprisonment less than one day Charge: Maximum 14 years imprisonment

Charge: Traffic obstruction resulting in death Penalty: Charge: Life imprisonment

Charge: 1st Violation + BAC from 80-119 ml Penalty: Mandatory minimum fine of $1000 Charge: 1st Violation + BAC from 120-159 ml Penalty: Mandatory minimum fine of $1500 Charge: 1st Violation + BAC of 160 mg or more Penalty: Mandatory minimum $2000 fine

investigations

Mandatory alcohol screening

Law enforcement officers can require any lawfully stopped driver to provide a preliminary breath sample for a breathalyser test without a reasonable suspicion that the driver has alcohol on their system.

Oral fluid drug screening

Oral fluid drug screening can be used by police to detect the presence of some drugs in oral fluid, including THC. These devices are fast, non-invasive and accurate.

Police can request a saliva sample if they have reasonable grounds to suspect that a driver has a drug in their body. Reasonable suspicion that the driver has drugs in the body can arise on the basis of objective facts, such as: e.g.:

Red eyes

muscle tremors

agitation

abnormal speech patterns

When a driver tests positive in an oral fluid drug screening, the positive result confirms the presence of the drug and, combined with other signs of impairment or drug use observed by roadside police, may provide grounds for investigation to proceed a request for a blood test.

Other investigative techniques

Police may also require a driver to undergo a Standard Field Sobriety Test (SFST) or a Drug Recognition Expert Evaluation (DRE).

Similar links

Nova Scotia Summary Offense tickets

None of the information offered on this website or provided by court personnel is intended to replace legal advice. Court officials cannot give legal advice. You should speak to an attorney for legal advice regarding your particular situation.

A speeding ticket is a document that tells you what crime you have been charged with. The ticket contains a report and a police record with information about the alleged crime. The fine (including court costs and victim surcharge) is shown on the traffic ticket.

Once you’ve received a ticket, you have three choices: plead guilty, plead not guilty, or do nothing and be automatically convicted.

To plead guilty, you can pay the fine by the due date shown on your ticket. In this case, you do not have to go to court.

, you can pay the fine up to the due date stated on your ticket. In this case, you do not have to go to court. In order to plead not guilty, you or your representative must take your criminal complaint to court and complete a letter of intent to appear in court. Once this form is completed, you will be notified of a date for the court hearing via the method of your choice (e-mail, fax or post).

, you or your representative must bring your ticket to the court and complete a letter of intent to appear in court. Once this form is completed, you will be notified of a date for the court hearing via the method of your choice (e-mail, fax or post). Do nothing and be automatically sentenced, after a certain period of time you will be automatically sentenced. Your automatic conviction may result in the allocation of points under the Motor Vehicle Act or changes in your status as a licensed driver, where applicable. You can find more information in the motor vehicle register.

You can also file a letter of intent if you plead guilty but want to present a sentence to the court.

pay your fine

If you want to pay your fine, you have several options. Payment of your fine is tantamount to a plea of ​​guilt and once your payment has been received no further action will be taken with respect to your ticket. Note that your payment must be received by the date stated on the ticket (see sample ticket). If you pay for your ticket, you waive your right to be heard.

Your automatic conviction may result in the allocation of points under the Motor Vehicle Act or changes in your status as a licensed driver, where applicable. For more information, see the Motor Vehicle Register website.

Note that if you have been charged with speeding and you use the voluntary payment option, your license will be suspended for seven (7) days (except pursuant to Section 106A(a) of the MVA where license suspension does not apply) starting at 12:00 p.m.: 00 NOON 90 days from the date of issue of this ticket.

How to pay for your ticket

Online – Here you can pay for your online ticket –

By post – you can submit your payment (the amount is on the front of your ticket, see sample ticket) by check payable to the “Regional Court”. Postal payment options are currently only by check or money order, and you should never send cash in the mail. To submit payment by mail, sign the back of your ticket and mail it with your check or money order.

In Person – Payment is accepted at any courthouse and can be made by cash, check, money order, direct debit, MasterCard or Visa. Please bring your ticket with you so that we can best transfer your payment to the correct account.

Further information