Impaired Driving – Driving Over 0.08
Kyla Lee is an impaired driving lawyer who knows the law, the science, and police procedure. DUI cases can be complex and technical. A top drunk driving lawyer like Kyla Lee can help you secure the best result in your case.
Impaired Driving or Driving Over 0.08 is colloquially referred to as DUI or drunk driving. Kyla Lee is a leading DUI lawyer, recognized internationally for her expertise in drunk driving cases. Her approach involves reviewing the police evidence to determine the problems in the case, and attempting to resolve your matter before it proceeds to trial.
Impaired by Drugs Charges
These cases are complex, technical, and scientific. There is so much to say about them that a separate page has been dedicated to DUI drugs charges. Kyla Lee is a knowledgeable lawyer in dealing with impaired by drugs cases. She has never lost a case of a person being impaired by a drug. To learn more about this please visit the impaired by drugs charges page.
The Evidence in a DUI Impaired Driving Case
There are two categories of evidence in an impaired driving case: the breath or blood test results, and the observations of the witnesses. Typically, the witnesses in an impaired driving case are the police officer and any civilians who observed the driving or the interaction with police. There are different approaches to dealing with each type of evidence.
Challenging the Evidence in a DUI Case
The observations of witnesses are also able to be challenged. Often this requires a skillful eye to determine what observations were logically able to be made, when, and how. The prosecution in a DUI case must prove that you were impaired beyond a reasonable doubt, and Vancouver Lawyer Kyla Lee has a thorough knowledge of what elements will help to raise a reasonable doubt in a drunk driving case.
One of the best skills a lawyer can develop is in cross-examination of witnesses. A careful and thorough cross-examination can expose holes in the prosecution’s case and in the witness evidence that will lead to a not guilty verdict. Kyla Lee is skilled in cross-examination, and will explore every possible angle to show that the evidence against you is not reliable. Cross-examination is a skill that takes years to develop, and does not come naturally to all lawyers.
Breath Samples and Police Breathalyzers
There are two opportunities for police to take your breath sample in an impaired driving case. One is by using a handheld, roadside breathalyzer. The other is by using a breathalyzer at the police station. The handheld breathalyzer results are not admissible in a criminal case to prove that you were impaired or over the blood alcohol limit. They are only admissible to demonstrate that the officer had the grounds to ask you to provide samples at the police station.
The breath samples at the police station are the evidence used to show that you were over the blood alcohol limit. The legal limit for impaired driving in Canada is 80 mg of alcohol in 100 mL of blood. There are particular procedures the police must follow in obtaining the breath samples, or they cannot be relied on at trial. The breathalyzer instrument must be operated and maintained properly or the samples are not proof that you were over the limit.
Often obtaining these records requires particular knowledge of the instruments, to know what to request in your case. Kyla Lee has this knowledge. She will request all of the necessary documentation to determine whether the breathalyzer machine used in your case was functioning accurately and reliably.
Blood Samples Taken in DUI Case
If your blood was taken in a DUI case, you need a lawyer who understands how to challenge these results. Police are only permitted to demand you provide a blood sample if there is a reason to believe that it would not be practical to obtain a breath sample. This is usually due to injury or medical issues. Police cannot simply demand a blood sample because the wait for the breath tests is too long.
When taking blood samples, there are certain required procedures that the police must follow. Only certain people are permitted to take a blood sample for use in an impaired driving charge, and if the wrong person takes the blood then the results cannot be used in court. There are mandatory vials and containers that must be used to store the blood. There are also scientific practices surrounding the testing of blood, and the time period in which it must be tested to be reliable.
Most lawyers overlook the scientific defences when it comes to a blood sample case. Kyla Lee has attended countless hours of training with blood experts to be best suited to defend your blood sample case. She knows the scientific procedure, what can go wrong, and has a systematic approach to requesting evidence that can show your blood sample was not handled correctly.
In some cases, the police will obtain your blood by way of a warrant for blood samples. Challenging warrants in court is a lengthy and complicated process. Kyla Lee knows this process, and has cross-examined police officers on their warrants to have unlawfully obtained evidence, or inaccurate statements removed and the warrant invalidated. A successful challenge to the warrant will result in the blood sample evidence being excluded from court.
Challenging the Breath or Blood Test Results in a DUI
The evidence of breath or blood test results are subject to exclusion based on violations of your Charter rights. What this means is that if the evidence was obtained illegally, or as a result of a violation of your rights, the court can refuse to consider it in your case. However, beating a DUI charge requires significant knowledge of technical and scientific evidence as well. The breath and blood tests are required to be taken following certain procedural and technical steps to ensure that they are reliable.
Vancouver Lawyer Kyla Lee has operated and owns breath testing equipment used in Canada. She is trained in the maintenance and operation of this breath test equipment, and knows the flaws that can occur with the operation procedure. Kyla’s through knowledge of the scientific procedure required to obtain reliable results will give you the best possible chance of success in your case.
Important Paperwork in Your DUI Case
When you are charged with impaired driving or given a DUI criminal charge, you will receive some important paperwork. It is important that you keep this paperwork in as close to the condition it is given to you as possible. Do not set your coffee cup on it, and do not fold or wrinkle your papers. Any discrepancies between the paper with your blood alcohol readings that is given to you by the police and the original may give you a strong defence. Keeping these papers in good condition will ensure the court that the discrepancies were not caused by you.
Upon being released from the police station in a DUI case, you will typically be given a few documents. The first is a 24 Hour Prohibition from Driving. Lawyer Kyla Lee defends 24 Hour Prohibitions and has successfully done so in numerous cases. The second is a 90-day Driving Prohibition. This is different than an Immediate Roadside Prohibition and has its own separate review process. There will also be a Promise to Appear with your court date, and often a date for the police to take your fingerprints. The police have the right to take your fingerprints in a DUI case.
If you hire Kyla Lee she will ensure that your court appearance is taken care of, without the need for you to attend. Kyla understands that you have other things that you need to do, instead of appearing in court for your case. She will reduce as much as possible the number of times that you are required to attend court, and will ensure that all routine court appearances are covered.
The last document you will be given in your DUI case is a Certificate of Qualified Technician. This is the document that sets out your blood alcohol readings. This document is evidence in court, and can be used by the prosecution to prove their case without having to call the police officer who took the breath samples. However, the Certificate must set out important details about the case, and requires mandatory information to be completed. Any mistakes on this document may invalidate the evidence. Lawyer Kyla Lee knows what is required to be there, and what to look for in spotting mistakes.
The Penalties for a DUI Conviction
If you are convicted of impaired driving or driving with a blood alcohol concentration over 0.08, you will receive a mandatory minimum fine of $1000, a one-year driving prohibition, and a criminal record. Subsequent convictions include mandatory jail terms and longer driving prohibitions. However, those are not all the consequences associated with a conviction. There are 99 Consequences of a DUI in British Columbia, and knowing those consequences will help you make the best decision about what to do in your case.
Vancouver Lawyer Kyla Lee is a skilled negotiator, who is often able to persuade the prosecution to drop the criminal charge or to proceed with a lesser penalty and no criminal record. Kyla understands that having a DUI can be stressful, and the consequences can be life-altering. She will do whatever is necessary to preserve your driving privileges and to keep you from getting a criminal record.
Avoiding an Impaired Driving Record
The best way to avoid a conviction for impaired driving, and to avoid the consequences of a DUI is to hire an experienced lawyer, one who knows the science, the procedure, and the law. Kyla Lee has the expertise and skills necessary to successfully defend you in your impaired driving case. Call Kyla today, or contact her through her contact form, for a free consultation.