One reason that many people need a DUI lawyer is that they face themselves charged with the ‘Over 80’ law. But what is the ‘Over 80’ law? Is it different to Impaired Driving? Are they not the same? In fact, they are two very different laws and situations that are unfortunately intertwined with each other.

 

Breaking Down The Over 80 & Impaired Driving Laws With A DUI Lawyer

 

To understand the difference between the laws, you have to go down to the finer dynamics of the law itself, which concerns the BAC (blood alcohol concentration).

 

The BAC is a test of how much alcohol is in your body, by measuring how much mg of alcohol is in each 100ml of blood. Results vary on a range of factors, such as how much you have consumed, the last time you had a drink, how quickly the alcohol went into your bloodstream, how fast it got out, and your weight. The problem is that alcohol reacts in everyone’s body differently, so therefore your BAC will vary.

 

You can have two drinks, and your BAC can read: “90 mg of Alcohol per 100ml of blood”. Or you can have six drinks, and your BAC can read: “50 mg of Alcohol per 100ml of blood”. And this is where the law comes in.

 

In Canada, it is a criminal offense to be in a car with your BAC being 80 or over; hence the law is referred by police and DUI lawyers as ‘Over 80’. However, you might not be impaired, and can be completely fine driving despite being over 80. Regardless, you will be charged.

 

Yet, you might be under 80mg, but you might be so intoxicated that your driving is ‘impaired’. You will, therefore, be charged with impaired driving, as you are considered a danger on the road. There is always a chance that you can be charged with both, and if so, you will be in serious trouble.

 

A DUI Lawyer Can Help You Face Your Charges

Regardless, facing a DUI charge for either reason requires that you hire yourself a criminal lawyer in Edmonton. While you might not win the charge, you can get your sentenced reduced, and in the case of being ‘Over 80’ and not being dangerous, you can win.

 

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

When you are convicted of a DUI in Canada, you will have the charge attached to your permanent record forever. That means facing severe implications for the rest of your life, such as difficulties getting a job and paying higher insurance premiums. But there are always ways in which you can avoid having the charge attached to your criminal record.

Get A DUI Lawyer To Argue The Case For You

The first step to trying to remove a DUI from your record is by not getting it in the first place. Start searching for a DUI or criminal defence lawyer in Edmonton as soon as possible. They will be able to help you with your case. And if you are convicted, can help you remove the DUI.

See If The Impaired Driving Lawyer Can Get You A ‘Recorded Suspension

While not necessary a method in removing the charge from your permanent record, a ‘recorded suspension’ (also known as a pardon, but has since been renamed) can help your make your life a little easier – down the line. If you have not committed any further offences following your DUI conviction, meet the eligibility requirements, and after a period of five years, you can apply. It will not erase the DUI from your record, but it will seal it so that employers are not able to see it.

Apply For A Curative Discharge With Your Defence Lawyer

For those with repeated offences, the only hope of removing a DUI from the record is to attempt to apply for a ‘curative discharge’. To apply for this, you have to prove you suffer from a substance abuse problem and you require treatment, which has to be established by a psychologist. You have to meet the criteria demanded by the court, such as:

  • Proving motivation to overcome the addiction
  • Committing to treatment
  • Going through a period of probation unscathed

If you can do so, then your DUI record will be discharged from your record. It is best to speak to your DUI lawyer in Edmonton in regards to this approach.

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

 

In the #Metoo era, it can be difficult for people to know where the line is drawn. And there could be no more grey line than sexual assault. Being accused is dangerous enough to ruin lives, and if you are charged and convicted, you could face serious jail time. But what is considered sexual assault? And what happens if you’ve been accused of the crime?

What Is Sexual Assault?

In its most basic form, sexual assault is any unwanted sexual act done by one person to another. It can be anything from touching to openly expressing sexual desire against the person’s wishes. Sexual assault can include the following:  

  • Forced fondling or kissing
  • An act of violence or aggression involving a sexual nature which is verbal, emotional or physical.
  • Unwelcome sexual comments, threats or harassment that make a person feel uncomfortable.
  • Non-consensual sexual contact or touching sexually without permission
  • Forced vaginal, anal or oral penetration, also known as rape.
  • Attempted forced penetration, known as attempted rape.

Sexual assault does not only occur between men and women; it can happen between people of the same sex, minors, and even if they are married.

While the list might seem easy to comprehend, in real life, the lines can be blurred. Both prosecution and criminal defence lawyers will analyse circumstances surrounding the case to determine if an assault did take place and if it did, in what way was it sexual.

What Will Sexual Assault Lawyers Look At In Court?

When a case is presented in court, sexual assault lawyers will take a more in-depth look at:  

  • The situation in which the assault occurred
  • The verbal inclination behind the contact
  • The build-up to the situation
  • Mental states of both attacker and victim
  • DNA evidence and other elements of evidence

Call A Sexual Assault Lawyer If You’re Charged

If you have been accused or charged with sexual assault, it is imperative that you look towards getting a sexual assault lawyer to help you with your case. They will be able to support you, both legally and emotionally, on how to overcome the charge.

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