14 Jul Calgary Impaired Driving Lawyer
Impaired driving is an offence that involves operating a vehicle while your ability is impaired by alcohol, drugs or a combination of both. You may also be charged for having prohibited levels of alcohol, cannabis or other drugs in your system within two hours of driving.
You can face charges if your blood-alcohol concentration is 80 milligrams or more of alcohol per 100 millilitres of blood. For cannabis, there are two prohibited levels. If your THC levels are between 2 and 5 nanograms per millilitre of blood, you may be charged with a summary offence while having THC levels of 5 nanograms or more per millilitre of blood is an indictable offence.
If you combine alcohol and cannabis, the prohibited levels are 50 milligrams or more of alcohol per 100 millilitres of blood and 2.5 nanograms or more of THC per millilitre of blood. You are also prohibited from having detectable amounts of LSD, PCP, cocaine, methamphetamine, heroin or any other illegal substance in your system within two hours of operating a vehicle.
There are provincial sanctions and federal penalties for impaired driving:
Alberta’s sanctions for impaired driving
In Alberta, there are four types of sanctions for alcohol- and drug-impaired driving offences:
1. Alberta Administrative Licence Suspension Program
The Alberta Administrative Licence Suspension Program imposes suspension or disqualification on drivers who are charged with an impaired driving offence. The program applies if you are over the legal limits for alcohol, cannabis, cannabis and alcohol combination, or illegal drugs, are reasonably believed to be impaired and refuse to provide a requested breath or fluid sample.
2. Alberta Zero Alcohol/Drug Tolerance Program
The Alberta Zero Alcohol/Drug Tolerance Program applies if you are a driver in the Graduated Driver’s Licensing Program, and you have any trace of alcohol or drugs in your system. The sanctions under this program include an immediate 30-day licence suspension and a 7-day vehicle seizure.
3. Immediate Roadside Suspension Program
The Immediate Roadside Suspension Program applies to drivers with a blood alcohol concentration of 0.05 to 0.079. For a first offence, a driver will receive an immediate 3-day suspension of their driver’s licence plus a 3-day vehicle seizure. For a second offence within 10 years, there will be an instant 15-day driver’s licence suspension and a 7-day vehicle seizure. You will also be required to take a crossroads course. For third and subsequent offences within 10 years, you will receive an immediate 30-day suspension of your licence, 7-day vehicle seizure, and you must enrol in an impacted program.
4. 24-Hour Suspension Program
Under the 24-Hour Suspension Program, you may have your licence suspended for 24 hours if the police suspect you were driving while impaired by alcohol, drugs, or a physical or medical condition that affects your ability to operate a vehicle safely.
Penalties for impaired driving under federal law
Alcohol-impaired driving, drug-impaired driving and driving while impaired by a combination of alcohol and drugs each carries a minimum penalty of a $1000 fine for a first-time offender. The minimum penalty for a second offence is 30 days imprisonment and 120 days imprisonment for a third offence. The maximum sentence for alcohol-impaired driving, drug-impaired or driving while impaired by a combination of alcohol and drugs is 10 years imprisonment.
The minimum penalty for refusing to comply with a demand for a sample is a $2000 fine.
If impaired driving resulted in bodily harm, a summary conviction carries a maximum sentence of 2 years imprisonment less a day, while an indictment has a maximum sentence of 14 years imprisonment. Driving while impaired causing death has a maximum sentence of life imprisonment.
Consult our DUI lawyer today
If you were arrested for impaired driving, you should not hesitate to speak with a DUI lawyer. For impaired driving offences in Calgary, contact us at the law office of Jason Wuttunee.
Our Calgary DUI lawyer, Jason Wuttunee, will meticulously review your case to tailor a legal solution that will guarantee the best possible outcome at the earliest stage of prosecution.
Give us today to schedule a legal consultation to discuss your case.
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