Third Offense For Impaired Driving, DWI, DUI or Drunk Driving
If you are a third time offender, you are facing the utmost severe penalties given out under the impaired driving laws in Alberta. When you are charged with driving under the influence, driving while impaired, drunk driving, or impaired driving, you are looking at the same charges under the Criminal Code. Such charges will impact you for the rest of your life and will have adverse effects on your employment, family, finances, friends and reputation.
Section 253(1)(a) of the Criminal Code defines the offense of “impaired driving” as:
“Everyone commits an offense who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not, while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug.” With this being said, if you have been previously convicted or are a repeat offender, you are at risk of facing substantial jail time, with the amount of time in custody dependent on the number of prior convictions, your criminal record, and the dates of your prior convictions. If the Alberta Registrar reviews your case and decides you are still at risk of a repeat offense, you could be facing an indefinite license suspension, or a 5-year Provincial suspension.
Third Time Offender With Blood Alcohol Levels
Between .05 and .08 Or Blood Alcohol Levels Over .08?
If you are looking at your third offense for drunk driving and have a BAC between .05 and .08, you will be facing charges, like a 30-day license suspension, 7-day vehicle suspension, and a mandatory impact course. Not only are you going to have to pay the costs of impound fees and towing, you will also have to pay out-of-pocket for the expensive and mandatory corrective courses.
In addition, you will have to pay extra costs for the mandatory ignition interlock system to be installed in your vehicle, when you BAC is over .08. Along with Alberta’s ignition interlock program, which is a 5-year mandatory term upon conviction, comes a sustained license suspension until criminal charges have been set forth and a 7-day vehicle seizure.
Refusal of The Breathalyzer Test In Alberta
You may choose to refuse the breathalyzer; however, if you do, you will be charged with impaired driving under the Criminal Code. Section 254(5) of the Criminal Code makes it an offense to refuse to blow or give a blood sample when there is a lawful demand for you to do so. As such you will face an immediate license suspension and will have to defend yourself in court.
Get Your Life Back On Track!
Seek The Counsel of Our Impaired Driving Defence Team
When the registrar considers you to be at risk and indefinitely suspends your license, you should immediately seek legal advice. The severity of the charges for a third time offender will effect you for the rest of your life. With the help of legal counsel and Greg Dunn’s experience, you can defend the charges set out against you. Don’t hesitate any longer, contact Greg Dunn today at 1-403-775-4677.