Even though it has been more than three months, the people of Calgary are still a little confused about the new breath test rules on the road. But before you go calling a DUI lawyer in Calgary, here are the rule changes you should know.
The Changes To The Breath Rules
- The first significant change is that police now have the power to breathalyzer anyone they pull over, as opposed to the old law where they had to be suspicious the person was impaired.
- You don’t even have to be driving the car either to be tested. Being in the vehicle is enough to get tested.
- Refusing a test can result in you being fined up to $2,000 or given jail time for up to 10 years.
- The end of the “bolus drinking defence”. The old laws stipulated that drivers could argue that they just consumed alcohol before driving and it has not been absorbed in their body yet. Your impaired driving lawyer cannot use this defence with the new law making it illegal to be at or over the limit two hours from driving.
- Fines and penalties have also increased. Old laws for those convicted of driving impaired where subjected to $1,000 for a first offence, 30 days in jail for a second offence, and 120 days in prison for a third offence.
- The new laws include fines based on the amount of blood alcohol content you have in your system when you’re tested. First time offenders will be fined $1,000 (if they have between 80-119 mg of alcohol), $1,500 (between 120-159 mg), $2,500 (160 mg or more).
- The maximum penalties have increased if bodily harm, or death, occurs. If you are impaired and cause bodily harm, you can be sentenced to as much as 14 years in prison. For those that are impaired and cause death on the rules, they face life imprisonment.
Contact A DUI Lawyer In Calgary
If you have fallen victim to the new impaired driving laws, you can still put up a defence. DUI lawyers in Calgary will take on your case and try to get you the best result possible.
Dunlap Law provides the legal support and representation you need for your criminal case. Dunlap law is experienced with impaired driving or criminal offence cases. Send an email to [email protected] or give us a call. Calgary: (403) 474-8222 | Edmonton: (780) 428-2267 | Toll Free: 1-866-247-2264