Being a first-time offender charged with driving under the influence in Canada can be a scary and unpleasant situation.
For most people, getting a DUI charge goes against more than just a law – the guilt involved can be tough to deal with – but sometimes these things happen, and how we learn from them will be character-building.
If you have never been charged before; you will likely be unsure what to expect or do next. This article is a short guide to help you navigate that unpleasantness.
Immediately After
The Canadian Criminal Code clearly defines impaired driving or driving under the influence (DUI) as a person operating or controlling a vehicle if their ability to do so is impaired by drugs or alcohol.
Immediately after the arrest, the arresting officer will likely transport you to a police station for further processing. That will also include more testing, such as an approved breathalyzer test to measure your blood alcohol concentration.
The results of that test play a vital role in what happens next – your car insurance premiums will likely also increase.
What Your Rights Are
When a person is arrested in Canada, they must know their legal rights.
Your most important right is to remain silent. You do not have to answer any questions apart from providing your name, date of birth, and residential address.
The second most important right is to speak to a lawyer without delay. The police officer should inform you of this right and provide you with an opportunity to call one.
Booking and Processing
The booking and processing part is where your personal information is recorded, and you may be photographed and have your fingerprints taken.
Depending on the circumstances of your arrest, you may be held in custody while waiting for a bail hearing – but that generally only happens if there are concerns about your likelihood to appear in court or if this is not your first offense.
Consult reputable legal counsel like Edmonton DUI Lawyers for guidance on what you should or should not do.
Bail and Release
If a bail hearing is necessary for your arrest, it will typically be within 24 hours.
During bail hearings, the court decides whether you can be released from custody and if any special conditions must apply.
An example of a special condition is house arrest, where you are confined to your home because the court thinks you will not appear on your due date. Another condition of bail may include restrictions imposed on your ability to consume alcohol or drive again.
Legal Charges
After all of that is over, you will be formally charged with a DUI offense, and a court date will be set.
Your lawyer will be able to provide guidance based on the specifics of your case.
The consequences of a DUI conviction can vary from fines to license suspensions and possibly even jail time, depending on the circumstances, such as being a repeat offender or if there were any injuries as a result of your offense.
To End
Being charged and convicted of driving under the influence is a serious offense – and the subsequent legal processes can be intimidating.
You must know what to expect so you can take the best steps to learn from your mistakes.