In British Columbia, several potential defences can be used to fight a DUI charge.
A DUI charge does not automatically mean a conviction. A skilled lawyer will explore these options to build a strong defence.
Some key defences that we have successfully advanced and used to prevent our clients from being convicted include:
- Challenging the traffic stop: Police must have a valid reason to pull you over, such as a check of your license or sobriety, an observed traffic violation or suspicious driving behaviour. If the stop was unlawful, any evidence gathered afterward, like breathalyzer results, may be inadmissible in court. This is because an unlawful stop may violate your Charter rights.
- Questioning the accuracy of breathalyzer results: Breathalyzer devices must be properly calibrated and operated by trained personnel. A lawyer can challenge the accuracy of the results by examining maintenance records, the officer’s training, and whether proper procedures were followed.
- Rising blood alcohol defence: Alcohol takes time to absorb into the bloodstream. If you consumed alcohol shortly after driving, your blood alcohol concentration (BAC) might have been below the legal limit while driving but above it during the test. This can be used to argue that you were not impaired at the time of driving. This defence would not apply in a criminal case but only in an Immediate Roadside Prohibition, unless you had no reason to think that you would be given a breath test when you drank after you drove.
- Medical conditions or medications: Certain medical conditions like acid reflux or diabetes and medications can affect breathalyzer results or mimic signs of impairment. A lawyer can present medical evidence to support this defence.
- Violation of Charter rights: If the police violated your Charter rights during the arrest, such as failing to inform you of your right to a lawyer, a lawyer can argue that the evidence should be excluded from the case.
- Witness testimony: Witnesses who can testify about your behaviour, driving, or sobriety at the time of the arrest can provide valuable evidence to support your defence.
- Improper field sobriety tests: Field sobriety tests are subjective and can be influenced by factors like weather conditions, your physical health, or nervousness. A lawyer can challenge the validity of these tests.
- Racial profiling or discrimination: If you were stopped based on your race, ethnicity, or other discriminatory factors, the stop may be challenged as a violation of your Charter rights.
- Lack of reasonable grounds for arrest: After the stop, police must have reasonable grounds to arrest you for impaired driving. If they lacked sufficient evidence, the arrest may be challenged.
Challenging the legality of the police actions can be a powerful defence strategy, and if the actions taken by the police were unlawful, any evidence obtained as a result may be excluded. If the court agrees that the police violated your rights, the Crown may have no choice but to drop the charges.
It’s important to understand that building a strong defence requires in-depth knowledge of the law, experience with the legal system, and the ability to challenge evidence effectively. A skilled DUI lawyer will analyze the details of your case to identify the best defence strategy, gather evidence, and negotiate with the prosecution to reduce or dismiss the charges. They will also represent you in court and advocate for your rights.
A DUI charge does not have to ruin your life, and with the right legal defences, you can fight the charges and protect your future. Hiring a skilled DUI lawyer is crucial to ensure the best possible outcome.