First Offence DUI In Grand Prairie
A first offence DUI is the beginning of a long and difficult legal process. Depending on whether you were charged with blowing a blood alcohol content (BAC) over .05 or 0.8 the legal implications differ. A BAC of between .05 and .08 is not an indictable offence but it can result in a license suspension. A first offence BAC of over .08 is a indictable (criminal) offence and you will need the assistance of an experienced criminal lawyer with knowledge of impaired driving laws to avoid the $1,000 fine and one-year license suspension.
The DUI lawyers at Slaferek Callihoo have the past performance to get you a fair trial and they can provide the legal help you need to fight your drunk driving charge.
BAC Over .05 Blood Alcohol Content
If you are stopped in a Alberta, which imposes penalties for registering a BAC below the criminal limit, and you are caught driving with a blood alcohol content between .05 and .08 you could be facing:
- 3-day licence suspension
- 3-day vehicle seizure
There will be additional costs for towing and impounding your vehicle, that must be paid when you retrieve your vehicle.
Over .08 Blood Alcohol Content On A First Offence
Under the Canadian Criminal Code Section 255(1):
- 1st offence – Fine $1,000.
- 2nd offence – 30 days in jail.
- 3rd (or greater) offence – 120 days in jail.
The additional suspension guidelines are based on Alberta’s provincial regulations:
- 1st offence – 1 year suspension.
- 2nd offence – 3 years if last conviction was within 10 years.
- 3rd or more offence – 5 years.
Ignition Interlock Suspension Reductions
It is possible that if you are approved for the Ignition Interlock program you can receive a reduction in driving suspensions with a BAC monitoring device installed in your vehicle.
- 1st offence – a reduction as low as 3 months.
- 2nd offence – a reduction as low as 6 months.
- 3rd offence – a reduction as low as 12 months.
Can I Refuse the Breathalyzer?
Yes. But the officer is going to assume the worst about how intoxicated you are. Your legal defence will become limited to the officer’s subjective judgment of your ability to operate a motor vehicle. Your driver’s license may be suspended or cancelled if you’re stopped by law enforcement and you fail to comply with a demand, for example refusing a breath test or Standard Field Sobriety Test (SFST).
Consult a DUI Lawyer in Grand Prairie Today
While your situation is bad, it’s not the worst thing that can happen to you. If you act fast, we can prepare a defence and get you back on the road and back to work.The impaired driving lawyers at Slaferek Callihoo can help. Call us today.