Influence in Vancouver As Dealt by the Criminal Law
Across Canada, it is illegal to drive under influence (DUI). It is defined as operating or having care or control of a vehicle while the person is under the influence of alcohol or drugs. Multiple offences mark a DUI charge in Vancouver and can result in imprisonment, fine, suspension of driving license and a possibility of probation.
It is in the book
In the criminal code, Section 253 – under Part VIII that deals with “Offences against the person and reputation” – mentions:
1. Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,
i. while the person’s ability to operate the vehicle, vessel, aircraft or Brampton Criminal Lawyers railway equipment is impaired by alcohol or a drug; or
ii.having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds 80 milligrams of alcohol in 100 milliliters of blood.
2. For greater certainty, the reference to impairment by alcohol or a drug in paragraph (1) (a) includes impairment by a combination of alcohol and a drug.
Again, in Vancouver, the law is complicated and so is the conviction. Some of the minimum sentences are listed below:
• 1st offence: $1000 fine and 12-month driving prohibition
• 2nd offence: 30 days of jail and 24-month driving prohibition
• 3rd offence: 120 days of jail and 36-month driving prohibition
DUI and criminal lawyer in Vancouver
If the charge is serious, even the involvement of summary conviction is possible and can result in a term lasting for five years to a lifetime. Apparently, no case related to DUI is simple.
Most criminal lawyers in Vancouver agree that impaired driving charges are one of the most complicated cases. However, it might be possible to consult the options to reduce the terms and conviction.
For instance, evidentiary instruments like the breath analyzers are not error-free. Neither these instruments are equipped to deal with every physiological and environmental condition. The lawyer should know the devices, their limitations and how the Crown will approach the case.
As mentioned, it is a serious case to be booked for DUI with possible punishment. If the defendants plead guilty or are convicted of impaired driving or refusing to provide a breath sample, the judge has no discretion but to impose those fines penalties. Still, they can take help from the legal experts to help them negotiate for a lesser punishment.