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

 

Being a criminal defence lawyer means opening up yourself to a world of stigmas. There is already a perception of you before you even walk into court to defend your client. Whether you are protecting a client, providing support as a DUI lawyer, or providing legal counsel, you are open to these four wrong stigmas:

Criminal Defence Lawyers Only Care About Winning, Not Justice

The idea here is that criminal defence lawyers in Calgary are only driven by their desire to win, not about justice. But that is a wrong assumption to make. Justice can be that the client is cleared of their charges because they were wrongly accused. The lawyer is merely making the best case for their client in a bid to prove their innocence. It has nothing to do with a desire to win, but a desire to be fair.

Criminal Lawyers Only Care About Money

Since lawyers charge a lot for their services, and they are defending someone that is suspicious of a crime, the stigma is raised that the defence lawyer only cares about money. This assumption is not true at all. Every client is entitled to a fair trial and the fees are a natural part of the process. Many criminal defence lawyers also offer some of their service free of charge such as the initial consultation.  

They Use ‘Tricks’ To Get Their Client Off

There is a perception that criminal lawyers use sneaky ‘tricks’ to con the jury into believing that their client might be innocent. However, lawyers are still within the law and are making use of it to defend their client and give them a fair chance.

They Are ‘Guilty By Association’

Due to the fact that criminal defence lawyers are supporting charged individuals, some individuals may think that they regularly mingle with such individuals. Some might even believe that a lawyer that defends criminals is, therefore, a criminal. That is a seriously wrong allegation to make and damages the reputation of the lawyer. Lawyers are merely defending the rights of the individual, and are not necessary associating with them.

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

If you have been arrested for DUI, it can be a very frightening and confusing time. Where do you go from here? How do you handle what is going to come next? Can a criminal defence lawyer in Calgary help you? We have a breakdown on what to expect once you get a DUI charge.

You will get arrested and may be taken to jail

If you fail the breathalyzer test, the first thing to expect is that you will be sent to jail. Depending on the charge, and your previous history, you could be in jail for just the night, or might require bail to be freed. It varies on your past and current personal status.

You will be summoned to court at a later date

After the charge has been laid, you will be summoned to court at a later date. You will have time to prepare yourself for the charge. It is imperative that you turn up at the court on the day, or you could be facing additional charges.

You will have the chance to defend your actions

You are entitled to rights in court, which means you have the opportunity to defend yourself. The aim is to build up a solid case on your behalf and present it accurately. Doing this on your own can be a struggle if you do not know the laws, which is why plenty of people hire a DUI lawyer to help them with their case. If you do feel that you are guilty, you can accept the charge.

You could face punishments if convicted

Depending on the result at the end of the court proceedings, you could be punished for your DUI charge. The punishment can vary depending on the severity of your charge. Your sentence can range from expensive fines to licence suspensions; from undertaking DUI courses to even jail time. You will also get a DUI charge on your permanent record which will affect your chances at getting a job and paying lower car insurance fees. However, you can get a lesser punishment if you have a solid defence provided by an impaired driving lawyer.  

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