Impaired Driving
Hopkins Law is a criminal defence firm. We defend impaired driving charges in Edmonton, Sherwood Park, Stony Plain and Fort Saskatchewan. If you are charged with drinking and driving, you need to know your rights, and you need to make informed decisions about what to do. Our lawyers are available at all hours to answer your questions and come up with a plan.
Impaired Driving Lawyers – Edmonton
DUI charges
587-414-6851 *available 24/7
Hopkins Law – Criminal Lawyers
Edmonton: 11051 97 Street #101
In Edmonton, your driver’s licence is suspended from the moment you are charged with impaired driving. The suspension will continue until after you have fully dealt with the charges. This means you will be punished for impaired driving even if you are ultimately found not guilty. You need quick and competent advice as soon as you are charged.
Hopkins Law will give you a frank opinion about your chances at trial and the consequences of an impaired driving conviction. For some people, it is best to fight the charge and avoid a criminal record. Others should consider a guilty plea in order to get back on the road ASAP. Our lawyers will work toward the best outcome possible in your circumstances.
I’ve been charged with impaired driving in Edmonton—what are my rights at the roadside?
At the roadside, a number of your Charter rights are suspended. Generally, when you are dealing with the police, you have the right to silence and the right to contact a lawyer as soon as possible. However, at the roadside, your right to counsel is suspended. This means that police can ask you to blow into an Approved Screening Device (ASD) before you are allowed to speak to a lawyer.
You still have the right to silence at the roadside. If a police officer asks you a question—like, “Have you been drinking tonight?”—you are under no legal obligation to answer. That said, you need to be careful. Police always have the right to stop your vehicle and check for documents, such as your driver’s licence, registration and insurance. If you refuse to provide these documents, you can be charged under provincial driving laws. If you lie to an officer, you can be criminally charged for obstruction. It is important to remember that whatever you say to police can be used to form grounds for an ASD demand or as evidence against you at trial.
When the police pull you over, they are only allowed to give you an ASD demand if they reasonably suspect that you were driving with alcohol in your body. Police usually look for the following factors when forming a reasonable suspicion: the smell of alcohol on your breath, bloodshot eyes, poor driving patterns (like swerving or running a stop sign), slurred speech, and having trouble finding your ID or registration. Police will often ask you to step outside your vehicle in order to form better grounds for an ASD demand. Remember that you are under no obligation to step outside your vehicle unless you are under arrest.
If police form grounds to make an ASD demand, it is usually in your best interests to blow. This is because refusing to comply with an ASD demand (“impaired refusal”) is a criminal offence, one that has exactly same legal consequences as impaired driving. If you refuse an ASD demand, you will be guilty of an offence even if you were not driving over the limit.
Common DUI Questions:
What happens if I fail an ASD demand?
If you fail an ASD test, then the police will have reasonable and probable grounds to arrest you for impaired driving. They will take you back to the police station, and only then will you be given an opportunity to call a lawyer. After your call, the police will make an evidential breath demand. The results of this breath test will determine your blood alcohol content.
What is the penalty for impaired driving in Edmonton?
In Edmonton, offences like impaired driving, driving “over 80” and refusing either an ASD or a breath demand all have a mandatory minimum sentence of $1000, combined with a 1-year driving prohibition. If it is your second offence within a certain time frame, there are mandatory jail penalties. If you are convicted of impaired driving, the only way to avoid an entry on your criminal record is if you are eligible for a curative discharge.
What is the “ignition interlock” program?
If you are convicted of impaired driving, you will likely be eligible for the interlock program within three months of your sentencing. This means that after three months, you can apply to have a blow box installed in your vehicle. This will let you start driving again. However, you will need to pay an installation fee and a monthly monitoring fee.
My 12-month driving suspension is over—can I start driving again?
No. Before you start, you need to go to the registry and make sure that you have all of the proper documentation in place. Otherwise, you can be charged with disqualified driving.
Hopkins Law has defended hundreds of impaired driving cases. If you are looking for honest, frank and accurate advice, you can turn to us at any time of day. We will come up with a plan that addresses your needs in the most effective way possible.
Impaired Driving Lawyers – Edmonton
DUI charges
587-414-6851 *available 24/7
Hopkins Law – Criminal Lawyers
Edmonton: 11051 97 Street #101
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