Driving Offences Impaired/Over 80 (DUI)

Navigating DUI, Impaired, and Over 80 Charges: Strategies for Defense

Navigating DUI, Impaired, and Over 80 Charges: Strategies for Defense

Facing charges for DUI, impaired driving, or having a blood alcohol concentration (BAC) over 80 mg can be daunting. The consequences of a conviction can be severe, impacting your personal and professional life. However, with the right legal strategy and representation, there are ways to challenge these charges. Here’s an in-depth look at how a skilled criminal lawyer in Brampton can help you navigate and potentially beat these charges.

Understanding the Charges

DUI (Driving Under the Influence), impaired driving, and over 80 charges involve operating a motor vehicle while affected by alcohol or drugs. Although related, each charge has distinct characteristics:

– DUI/Impaired Driving: Refers to driving while your ability to operate a vehicle is impaired by alcohol or drugs.

– Over 80: Specifically relates to having a BAC over 80 mg per 100 ml of blood.

Both charges carry serious penalties, including license suspension, fines, and possible imprisonment.

Legal Defenses for DUI and Over 80 Charges

Successfully challenging these charges often requires a nuanced legal strategy. Here are some common defenses that a criminal lawyer might employ:

    1. Improper Stop

The police must have reasonable grounds to stop your vehicle. If your lawyer can demonstrate that the stop was unlawful, any evidence gathered, including breathalyzer results, may be inadmissible.

    1. Challenging Breathalyzer Accuracy

Breathalyzers must be properly maintained and calibrated. A criminal lawyer in Brampton can investigate whether the device was functioning correctly. Any discrepancies in maintenance records can be used to challenge the accuracy of the BAC reading.

    1. Procedural Errors

Police officers must follow strict procedures during a DUI arrest. This includes informing you of your rights and providing the opportunity to consult with a lawyer. Any failure to adhere to these protocols can result in evidence being excluded.

    1. Medical Conditions

Certain medical conditions or medications can affect breathalyzer results. Conditions like GERD (Gastroesophageal reflux disease) can lead to inaccurate BAC readings. Your lawyer can present medical evidence to support this defense.

    1. Timing of the BAC Test

The timing between driving and taking the breathalyzer test can be crucial. Alcohol absorption rates vary, and your BAC might have been below the legal limit while driving but rose by the time of testing. Expert testimony can be used to illustrate this possibility.

The Role of a Skilled Lawyer

Navigating the complexities of DUI and over 80 charges requires the expertise of a knowledgeable criminal lawyer in Brampton. They will thoroughly examine all aspects of your case, from the initial traffic stop to the administration of tests, to build a robust defense strategy.

Importance of Early Legal Intervention

Engaging a lawyer as soon as possible can greatly enhance your defense. Early intervention allows your lawyer to gather evidence, interview witnesses, and explore all potential avenues for dismissal or reduction of charges.

Consequences of a Conviction

Understanding the potential consequences of a conviction underscores the importance of mounting a strong defense. Penalties can include:

– License Suspension: Automatic suspension upon conviction.

– Fines and Fees: Significant financial penalties.

– Criminal Record: A conviction can impact employment and travel opportunities.

– Increased Insurance Rates: Convictions often lead to higher premiums.

Conclusion: Protecting Your Rights

Facing DUI, impaired, or over 80 charges is a serious matter that requires expert legal guidance. By working with an experienced criminal lawyer in Brampton, you can ensure that your rights are protected and that every possible defense is explored.

If you’re dealing with such charges, consider reaching out to Nirwal Law for comprehensive legal support. With a focus on protecting clients’ rights and achieving favorable outcomes, Nirwal Law offers the expertise needed to navigate the legal system effectively. Contact them today to discuss your case and explore your options for defense.

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