The impact of a single drink can diminish your judgment as well as your capacity to operate a multi-ton motor vehicle.
Alcohol and drugs can:
- Increase risk-taking by lowering inhibitions
- Give you a false sense of security and control
- Make it more difficult to maintain a constant and appropriate speed
- Make concentration on the task of driving more difficult
- Slow down reaction times
- Cause you to make sudden and jerky motions while driving
- Diminish your coordination
- Cause drowsiness
Conviction for driving while intoxicated can mean loss of your licence, heavy fines, and in some instances, jail time. A second or third offence escalates the penalties.
No one should face prosecution for impaired driving alone. You need a skilled impaired driving lawyer by your side to guide you through the complexities of a criminal prosecution.
That Québec City Impaired Driving Lawyer should be Patrick Jacques.
In This Article
What Is Impaired Driving?
Impaired driving occurs when your blood alcohol concentration is equal to or exceeds 80 mg of alcohol per 100 ml of blood. This is commonly referred to as a blood alcohol content of 0.08. However, you can still be arrested for impaired driving if your blood alcohol levels are below 0.08 based on police observation of your driving. In addition to alcohol levels, police can test for THC content in blood. Under current law, having between 2-5 nanograms of THC per ml of blood is considered impaired, with higher penalties when there is more than 5 nanograms. The combination of alcohol and cannabis measured in blood above 50 mg of alcohol and more than 2.5 nanograms of cannabis is considered impaired.
Once stopped by a police officer, you must cooperate with the officer’s instructions and submit to an order to take a breathalyzer test and/or perform physical coordination tests.
You can be arrested for impaired driving even if you are not driving! If you have control of the vehicle while impaired, you can still be arrested.
What are the Possible Consequences of an Impaired Driving Charge?
Canadian driving laws have been toughened to better enforce its prohibitions against driving while intoxicated. Penalties begin as soon as you are arrested.
Upon Arrest: immediate licence suspension from 24 hours to up to 90 days with immediate vehicle seizure and impoundment for up to 30 days
Upon Conviction for a First Offence: Prohibition against driving for a minimum of one year; licence revocation for 1-3 years; enrollment in a program to reduce the risk of impaired driving; enrollment in the Alcofrein program; mandatory alcohol ignition interlock device installed on your vehicle; criminal record, and a mandatory minimum fine of $1000.
Enrollment in any mandated program and installation of an alcohol ignition interlock device is expensive. You are responsible to pay. Alcofrein costs $150. The ignition interlock device costs $50 to install with a $61 monthly rental cost. And your insurance premiums will necessarily be raised as a consequence of a first conviction.
Subsequent Conviction Within 10 Years: The penalties for impaired driving increase significantly for a second offence within 10 years.
Upon Arrest: immediate licence suspension for 90 days with immediate vehicle seizure and impoundment for 90 days and mandatory placement in the program to reduce the risk of impaired driving.
Upon Conviction for a Subsequent Offence: Prohibition against driving for a minimum of two years; licence revocation for 3-5 years; enrollment in a program to reduce the risk of impaired driving; imprisonment; prohibition against renting or leasing a car; and an alcohol ignition control device installed on your car for life, or after 10 years, upon good behaviour.
The Importance of Choosing an Impaired Driving Defence Lawyer
How can an individual like you contend with the Crown, with its powerful ability to gather evidence, investigate, and subpoena and question witnesses? When the Crown accuses you of impaired driving, you need a skilled Québec City Impaired Driving Lawyer to protect you.
In addition to a thorough knowledge of impaired driving law, your defence lawyer should possess a combination of skills and experience: a thorough understanding of police and court procedure, solid negotiation ability, familiarity with individual police officers and their tendencies, and a command of the courtroom that impresses judge and jury. To ensure that authorities treat you fairly and behave consistently with the Constitution and Charter of Rights & Freedoms your lawyer should have the acknowledgement and respect of the Crown, police, and judges. Québec defence lawyer Patrick Jacques is defined by these qualities.
To mount an effective defence, Patrick Jacques will examine the evidence, the actions taken by the police, and the methods they used to gather evidence. An effective defence depends on creating a plausible interpretation of events and circumstances that brings into question the Crown’s narrative, with the objective of introducing reasonable doubt into the Crown’s case.
Though impaired driving cases have similarities, each has its own unique circumstances which will determine how a credible defence can be built. Typically, Patrick Jacques will:
- Examine all the evidence, including any scientific tests
- Scrutinizing any police or other witness
- Review police actions for any failure to follow provincial and Canadian law (including the Constitution and Charter of Rights & Freedoms) in their gathering of evidence, questioning of you and any witnesses, and other activities
- Make sure that the Crown provides all the evidence in their possession in a timely manner to the defence
- Look for new evidence that can undermine the credibility of police and any other witnesses
- Use this information to create a narrative that injects reasonable doubt into the Crown’s case
Why Choose Patrick Jacques as Your Québec City Impaired Driving Lawyer
Patrick Jacques has spent more than two decades working with clients just like you to make sure they are treated fairly. In addition to his detailed knowledge of impaired driving law, he has consistently demonstrated his abilities to negotiate successfully, challenge witnesses and government authority, and provide a fearless and ethical defence for his clients.
If you have been accused of impaired driving, choose the personalized, caring representation of Patrick Jacques by calling 418-880-0694 or emailing today to arrange for a free consultation.