A DUI charge in Canada can result in immediate and severe consequence. One of the most disruptive is the suspension of your driving licence. The loss of your driving privileges can dramatically affect your ability to work, manage daily responsibilities, and maintain your personal life.
It is important to recognize that a DUI charge does not automatically mean a conviction, and there are legal options available to protect your rights and mitigate the impact of a suspension.
This post is intended to shed light on the various types of licence suspensions, and the avenues you have to challenge them.
Licence suspensions can occur at different stages of the DUI process.
Immediate roadside suspensions in British Columbia are common following a failed or refused breathalyzer test or a breath test over the legal limit.In many provinces, including BC, authorities can issue these suspensions instantly.
The duration of these suspensions can vary, typically lasting 90 days for a first offence DUI in BC.These immediate suspensions remain separate from the penalties you might receive if a court convicts you of a DUI.
Additionally, if a court convicts you of a DUI, it will impose a Criminal Code suspension as part of your sentence. These are automatic driving suspensions that prevent you from driving anywhere in Canada for a minimum of a year.
Finally, some provinces also use administrative suspensions for failing a breathalyzer test, irrespective of whether there is a criminal conviction. This is known as the Immediate Roadside Prohibition.
If you find yourself facing a licence suspension, you have several legal avenues to explore.
You have the right to challenge the suspension, especially if authorities issued it immediately at the roadside.
Depending on the circumstances, if the police lacked reasonable grounds to demand a breathalyzer test, for example, your lawyer can argue that the suspension was unlawful. This requires thoroughly examining the traffic stop circumstances, the arresting officer’s conduct, and the type of suspension issued.
Furthermore, if a court convicts you of a DUI, you may have the option to appeal the conviction, potentially lifting the suspension.
A skilled DUI lawyer can be instrumental in helping you navigate these complex processes. They will be able to analyze the details of your case, advise you on the most suitable strategies, represent you in court, and make sure you do not miss any opportunities to challenge the suspension and protect your driving rights.
Without professional legal support, you risk missing critical opportunities to reduce the impact of a DUI, which could mean longer suspensions, hefty fines, and a criminal record.
Don’t face this challenge alone; contact us today for a consultation, and let us help you explore your legal options and safeguard your future.
