Impaired Driving Causing Bodily Harm Or Death in AB
A Criminal Code offense which seriously affects the life of the person charged with either a DUI, DWI, drunk driving or impaired driving needs to be handled by a skilled criminal defense team experienced with these kinds of cases.
A first time offense driver who drives under the influence of alcohol or a drug and causes an accident causing bodily harm is looking at a long jail sentence as well as an automatic 5-year loss of license. It is critical you get the help of our respected DUI lawyer who knows the system and can give you the best chance of getting your drunk driving causing death charges reduced or even dismissed.
In criminal DUI arrests, Greg Dunn can successfully defend his clients by using the following approach:
- Questioning the legality of the traffic stop.
- Challenging the methods for determining sobriety.
- Cross-examining witness testimony as well as questioning the police investigation and procedures.
- Using an expert toxicologist’s testimony, when appropriate, to refute the Crown’s evidence.
- Questioning whether causation of the bodily harm or death has been established.
- Employing challenges to laws, codes, statutes and legislation.
Laws Are Not Set in Stone When Dealing
With Impaired Driving Causing Bodily Harm Or Death
Alberta’s impaired driving laws state that:
- It is illegal to operate a motor vehicle, while having the care or control over that vehicle, while one’s ability to operate that vehicle is impaired by alcohol.
- To be taken into custody on suspicion that you are driving drunk and a qualified technician will take samples of, you, the accused driver’s breath into a breathalyzer device, known as the Intoxylizer 5000C.
- The charge of “over .08,” or “over 80,” when the breathalyzer sample registers over the legal limit of .08.
Since there is a reasonable amount of room for the police to make errors, your drunk driving defense lawyer will need to acquire the evidence required to have the prosecutor’s evidence deemed unacceptable and exclude it from your trial.
However, in the case of impaired driving causing bodily harm, the situation is often different. In cases of serious accidents, and the accused driver is incapable of providing a breath sample because he or she was badly injured in the accident, blood samples are required in order to prove that the operator of a motor vehicle has or had the blood alcohol concentration (BAC) exceeding the legal limit. DUI laws state that the charge of over .08 is usually added if it is discovered that the analysis of the blood samples seized from the accused driver revealed a BAC over .08. Blood sample cases have complexity, much more than breath sample cases and will need the skill and experience of our respected criminal DWI defense team.
Don’t Want to Lose Your License or Go to Jail?
Get the Defense You Deserve!
If a person loses their license or has their driving privileges suspended due to impaired convictions, driving drunk accidents, or drinking and driving accidents, they will be facing a number of consequences such as:
- Loss of license
- Inhibited ability to work or care for children
- Termination of employment and career issues
- A permanent criminal record
- Mandatory treatment programs, DUI classes
- DUI car insurance increases
- Possible immigration status issues
If a person is convicted of having operated a motor vehicle while impaired or over the legal limit and caused an accident that caused death or bodily harm, they are looking at a prison term. Even for a first offense, a year long jail sentence is possible. Contact our dedicated impaired driving lawyer who has a proven track record in impaired convictions, DUI accidents, or drinking and driving accidents.
Contact Our Impaired Driving Accident Defense Team in Calgary Today
If you or someone you know has failed a breathalyzer test, refused to provide a blood sample, been caught driving drunk, been arrested and charged with a DUI, impaired driving or caused a drunk driving accident which resulted in bodily harm or death, you will need the best defense strategies for your impaired driving case. The best way to achieve this is to contact our knowledgeable DUI lawyer, Greg Dunn, to help you understand all your options and strategize your defense.