Impaired Driving/DUI
Don’t face an Impaired Driving charge without the power of KAVANAGH LAW GROUP on your side.
Impaired driving law is a key focus of our work. We have over 29 years of combined criminal law experience, including a former prosecutor.
We’re passionate about representing individuals who are facing drive impaired charges, and you’ll notice it from the moment you contact us. Get us on your side today.
The police say I was impaired. I failed a breath test. I’m going to be convicted, right?
Wrong. Canadian impaired driving law is not well understood by most Canadians, and that can make you feel powerless – even when you do have defences available to you. You need to see a KAVANAGH LAW GROUP lawyer right away.
Sometimes, police procedure is not correctly followed and your rights are violated, whether this is known to you or not. Violation of your rights is a legitimate defence – we know exactly what to look for, and we’ll defend you aggressively.
As much as the police would have you believe otherwise, breathalzyers are not always right. Incorrect and invalid readings do happen, for a range of reasons. These issues are a legitimate defence and can lead to your reading being excluded from evidence – where appropriate, we’ll use our extensive knowledge to pursue this defence to it’s fullest.
In trial matters, KAVANAGH LAW GROUP can be counted on to prepare for your case with the importance it deserves. You will benefit from our years of knowledge and experience leading up to and during a trial. You’ll feel comfort knowing that you’ve got a highly skilled lawyer in YOUR court who will leave no stone unturned.
Do not assume that you will be found guilty. Ever.
You may feel powerless with an impaired driving charge looming over you, but you have the power to equip yourself with a defense team who can aggressively deal with the charges against you.
It does not matter if you’ve failed a breath test. Do not plead guilty before you consult KAVANAGH LAW GROUP.
We know how stressful an impaired driving charge can be for you and your family.
We are available to represent individuals across Manitoba, as well as other jurisdictions in Canada. When you meet with us, we will take the time to:
- Explain all of the ramifications of the possible conviction(s) you face
- Identify your available options, including whether your charges might be reduced or dismissed as well as what your avenues of defence can be
- Help you to retrieve your driver’s license before your trial
Types of Charges
Impaired Driving Charges
There are actually two separate charges usually laid for drunk driving offences. A “Drive Impaired” charge, as well as a “Drive Over .08” charge.
Drive Impaired
Drive Impaired is a criminal offence when a driver’s ability to operate a motor vehicle is impaired by the use of alcohol or drugs and that driver operates a vehicle. This charge has to do with the way in which you are driving.
DUI, Driving Under the Influence and Drunk Driving
DUI (short for Driving Under the Influence) as well as Drunk Driving, are all common terms that people use to refer to Drive Impaired in Canada. While not the official legal terms, they mean the same thing.
Driving Over .08
Driving Over .08 is a criminal offence when a driver with a blood alcohol ratio of over 80 mg alcohol/100 ml blood operates a motor vehicle. In other words, it refers to being over the legal limit of .08.
Care and Control
Care and Control is a criminal offence where an individual has care and control over a vehicle while they are impaired or while their blood alcohol is more than 80 mg/100 ml blood but they are not actually driving the vehicle. Many Canadians don’t even know that they can be charged for this.
Depending on the circumstances, Care and Control charges can be laid when an individual is sleeping in the front seat of a vehicle with the keys in the ignition or on the driver’s seat while impaired, even though they are not driving. There are even circumstances when an individual outside of the vehicle can be charged.
KAVANAGH LAW GROUP lawyers are passionate about defending Care and Control charges and aggressively bringing out the range of defences available to clients. You should never plead guilty to Care and Control charges. These charges have the same penalties as other impaired driving offences and the ramifications of conviction can be just as severe.
Refusal to Provide a Breath Sample
Refusal to Provide a Breath Sample is a criminal offence when an individual refuses to provide a breath sample in a roadside screening device or a breathalyzer at a police station. The penalty can be up to double what an individual receives for Driving Over .08. If you face this charge, do not plead guilty. Consult KAVANAGH LAW GROUP and get expert advice from lawyers who know these charges inside and out and can advise you on your options.
Other related charges
Other serious impaired driving related charges include:
- Driving over .08 causing death or bodily harm
- Impaired driving causing death or bodily harm
KAVANAGH LAW GROUP is experienced in all of these charges and can help you. Want to know more? Do not wait. Contact KAVANAGH LAW GROUP now, and get equipped to deal with your charges. Help is only a phone call, text or e-mail away.