When we are sober, we all know not to drink and drive. Somehow, though, that knowledge fades away with the consumption of alcohol, and the greater the consumption, the greater the risk of deciding to get behind the wheel and becoming involved in an impaired driving case.
None of us are immune to the effects of alcohol, but neither do we have a built in gauge which would allow us to precisely monitor our actual blood alcohol level. We have adopted an accepted level of deemed impairment by alcohol, but it is very difficult to know with certainty exactly what one’s individual level might be.
How our Red Deer Lawyers Defend Your Impaired Driving Case
Ordinarily, a Canadian citizen cannot be compelled to provide evidence against themselves. An exception is made, though, for impaired drivers suspected of having alcohol in their system.
In Red Deer and in Canada, our police take samples of a driver’s breath, but those readings are then expressed as a blood alcohol concentration.
Our Criminal Code allows the prosecution to “extrapolate” readings back in time. Without the special presumptions available to the Crown, readings taken an hour or so after the time of impaired driving would simply be a piece of potentially inadmissible circumstantial evidence.
For all these reasons, the defence of impaired driving and over .08 charges has developed into a tremendously complex and technical area of the law. It has been estimated that the volume of litigation arising from drinking and driving cases may equal the volume of litigation from all other Criminal Code offences combined.
Our lawyers are well versed in all the nuances arising from the defence of drinking and impaired driving cases in Red Deer, and would be pleased to assist you in reviewing your case.