Impaired driving charges are serious offenses with significant consequences. It is essential to understand the different aspects of these charges and how to defend against them effectively. Here, we explore the details of impaired driving, including care and control charges, and provide insights into how a skilled lawyer can help.
Care and Control Charges
You can be charged with impaired driving even if you were not actively driving at the time the police found you. Care and control charges, also known as impaired care charges, apply if you had a blood alcohol level (BAC) over 80 mg and were deemed to be in care or control of a vehicle.
What Does Care and Control Mean? Being in the driver’s seat of a vehicle, even if it’s not turned on, can be considered having care and control. The police may assume you had the intention to drive or placed the vehicle in a dangerous position. This applies to all motor vehicles, including cars, trucks, motorboats, aircraft, and railway equipment.
If found with a BAC over 80 mg while in care and control, you face the same penalties as if you were driving impaired:
- Licence suspension for one year
- Mandatory alcohol education or treatment program
- $1,000 fine
- Potential jail time
- Ignition interlock device for a minimum of one year
Penalties increase with subsequent offenses.
Impaired Driving Charges and Penalties
Impaired driving charges can vary in severity, from simple operation or care and control to causing bodily harm or death. Refusal to provide a sample (blood, breath, oral fluid, or urine) when suspected of impaired operation leading to bodily harm or death can result in separate charges.
Consequences of a Conviction: Even a first-time offense carries severe penalties, including:
- Criminal record, affecting future employment and travel.
- Fines exceeding $1,000 CAD.
- One-year driving prohibition.
- 12 months with an ignition-control device on all operated vehicles, costing around $125 CAD per month.
- Enrollment in the Back on Track education course, costing approximately $600 CAD.
- Increased insurance rates, potentially up to 4-5 times higher.
Repeat offenders face additional penalties, such as mandatory jail time and possibly a lifetime driving prohibition.
Defense Strategies for Impaired Driving Charges
An experienced DUI lawyer such as Gary Batasar can develop a strong defense strategy by examining the specific facts of your case. Here are some key defense approaches:
- Questioning Care and Control: Your lawyer can argue that you did not intend to drive the vehicle or pose a real risk of operating it. This could be demonstrated by showing lawful reasons for being in the driver’s seat, such as retrieving a personal item.
- Challenging Evidence: Your lawyer may challenge the validity of the evidence, such as the accuracy of breathalyzer tests or the procedures followed during your arrest.
- Negotiating Charges: A skilled lawyer can negotiate with the Crown to reduce or dismiss charges, potentially avoiding severe penalties.
- Expert Testimony: Utilizing technical specialists and consultants to provide expert testimony can strengthen your defense.
Importance of Legal Representation
Having a knowledgeable lawyer such as Gary Batasar is crucial in navigating impaired driving charges. He can ensure your rights are protected, present a compelling defense, and work towards the best possible outcome. It is vital to remain silent and seek legal advice immediately if charged or investigated for impaired driving.
Contact Us for Expert Legal Help: Gary Batasar, an experienced DUI lawyer is here to help you. He offers no-cost consultations to discuss your case and explore your defense options. Don’t face impaired driving charges alone—reach out to him for the representation you need.