ALCOHOL-RELATED OFFENSES
Legal Defense
In recent years, a significant increase in arrests for impaired driving has been observed in Quebec. This increase has led to stricter laws and harsher penalties, as our institutions take these offenses very seriously. In the event of an arrest for alcohol or drug-impaired driving, it is therefore recommended to consult a qualified criminal defense lawyer specializing in defending accused drivers.”
ALCOHOL-RELATED CHARGES
Drinking and driving
Arrests for impaired driving are becoming increasingly common in Quebec. If you are facing a charge of driving under the influence of alcohol or drugs, it is crucial to consult an experienced criminal defense lawyer.
Most people are unaware, but an individual can be found guilty of driving with impaired abilities due to alcohol even if their blood alcohol level is below the legal limit of 80mg of alcohol/100ml of blood (0.08). This charge is intended to penalize a person who decides to drive while the effects of consumed alcohol impair or diminish their ability to operate a vehicle. The impairment does not need to reach a specific degree. Courts have repeatedly confirmed that, to be convicted, the prosecution does not need to prove a marked impairment, only sufficient impairment to affect the driver’s ability to operate the vehicle or their judgment. For a first offense, a one-year driving prohibition, accompanied by a fine, is typically imposed by the court.
Exceeding the legal blood alcohol limit while driving carries severe penalties. Our lawyers understand the nuances of these cases and implement a rigorous defense to minimize the consequences. The most well-known offense involves operating a vehicle when your blood alcohol level exceeds the permitted limit. For a first offense, fines vary greatly depending on the circumstances of the arrest (for example, involvement in an accident) as well as the individual’s blood alcohol level.
It is important to know that although the court generally imposes a one-year driving prohibition for a first-time alcohol-related driving charge, the SAAQ will be much stricter for someone with a blood alcohol level more than twice the legal limit. Extended driving prohibitions will then be imposed.
Refusing to submit to a breathalyzer or approved alcohol test can lead to serious consequences. Our firm helps you understand your rights and develop a solid defense strategy in case of refusal. We ensure that your rights are protected throughout the legal process.
Driving-related offenses are serious and require an effective defense. Whether for violations of the Highway Safety Code (CSR) or any other traffic offense, our lawyers have the expertise to represent you competently in court. For example, an individual who is intoxicated and behind the wheel, but not observed driving by police, could still be charged under this offense. The penalties imposed are generally the same as those for someone charged with actually operating a vehicle.
Many other related offenses exist, such as refusal or failure to submit to a sobriety test or breathalyzer, hit-and-run, fleeing from police, and dangerous driving. For each of these offenses, it is important to remember that in addition to court-imposed penalties, the SAAQ will always handle the case according to its own rules, often imposing driving bans longer than those issued by the court (and often without the possibility of a restricted license). We work closely with you to achieve the best possible outcomes in your case.
ALCOHOL-RELATED CHARGES
Our Approach
We firmly challenge any arrest made without concrete evidence or without clear indications of alcohol consumption. Likewise, we carefully examine any intervention that may not comply with traffic laws and that could potentially invalidate the arrest.
The absolute respect of our clients’ rights is at the heart of our approach. We ensure that every individual benefits from the right to remain silent, the right to prompt disclosure, and the right to consult a lawyer from the very first moments of the accusation. In addition, we carefully analyze the results of any approved screening device in order to detect possible defects or improper use that could call into question the breath samples collected.
This approach, along with our unwavering commitment to defending our clients’ rights, guarantees a strong and effective defense in criminal cases, particularly those related to drinking and driving.
ALCOHOL-RELATED CHARGES
Drinking and driving
Impaired driving
Blood alcohol level
above the legal limit
Refusal
CSR infringements
LAWYER IN CHARGE OF THE ESTATE
Valérie Riendeau, Esq.
Defending against drink-driving requires specialized know-how and constant vigilance. For over 20 years, Valérie Riendeau, Esq. has used her expertise to analyze each piece of evidence, prepare a solid strategy and vigorously defend her clients’ rights, with professionalism, empathy and transparency.
