DUI Lawyer

DUI Lawyer Winnipeg

Have You Been Caught Driving Under The Influence? Consult With An Experienced and Effective DUI Lawyer Immediately!

In Manitoba, there are two different regulatory systems under which you can be charged.  It is up to the police officer laying the charge to determine under which system to charge you.

Manitoba Highway Traffic Act Charge

Under the Provincial legislation, if you register a “warn” on an ASD, meaning that you have a blood alcohol content of .05 to .079, you will:

● Receive license suspension ranging from 72 hours to 60 days, depending on how many previous suspensions have been issued within a 10-year period;
● Have your vehicle towed and impounded, at your cost between 3 and 30 days, depending on how many previous “warn” readings you have given within a 10-year period;
● Move five levels down MPI’s Driver Safety Rating scale, which will significantly increase the cost of your driver’s license and vehicle insurance;
● Be required to pay a driver’s licence reinstatement charge.

If you refuse to provide a sample, or blow a “fail”, meaning that you have a blood alcohol content at or over .08,  you will;

● Be required to pay a $700 fine;
● Receive an immediate three-month driver’s licence suspension;
● Have your vehicle impounded for between 30 and 60 days;
● Be required participate in the Ignition Interlock Program for one year;
● Move ten levels down MPI’s Driver Safety Rating scale, which will significantly increase the cost of your driver’s license and vehicle insurance;
● Be required to pay a driver’s licence reinstatement charge;
● Be required to complete an Impaired Driver Assessment at the Addictions Foundation of Manitoba

If you have been charged under this legislative scheme, there is a limited ability to challenge the citation.

Criminal Code of Canada Charge

If you are charged with Impaired Driving, Driving Over .08 or Refusing to Provide a Sample under the Criminal Code, you will:

● Receive an immediate three-month driver’s licence suspension;
● Have your vehicle impounded for between 30 and 60 days;
● Be required to pay a driver’s licence reinstatement charge;
● Be required to complete an Impaired Driver Assessment at the Addictions Foundation of Manitoba

If you are convicted of any of these charges, you will additionally:

● Have a criminal record;
● For a first offence, be required to pay a minimum fine of:
          ○ $1,000 if your reading is between .08 and .119;
          ○ $1500 if your reading is between .120 and .159;
          ○ $2000 if your reading is .160 or over.
● For a second offence, serve a minimum term if imprisonment of 30 days, and
● For each subsequent, serve a minimum term of imprisonment of 120 days;
● Be prohibited from operating a motor vehicle anywhere in Canada for a minimum of 1 year;
● Be required to participate in the Ignition Interlock Program following your driving prohibition;
● Move ten levels down MPI’s Driver Safety Rating scale, which will significantly increase the cost of your driver’s license and vehicle insurance;  

Some things to keep in mind:

● If a police officer has an ASD in his or her possession, they are entitled to ask a driver to provide a breath sample, even if there is no evidence that they have consumed alcohol;
● If a police officer is not in possession of an ASD device, or demands that a driver perform physical coordination tests, they must have reasonable grounds to believe that the driver has alcohol or a drug in their body;
● It is an offence to have a blood alcohol concentration of over .08 within 2 hours of driving UNLESS:
          ○ The alcohol was consumed after the driver stopped driving
          ○ After the driver stopped driving they had no reasonable that they would be required to provide a breath sample; and
          ○ The driver’s alcohol consumption is consistent with their having had a blood alcohol concentration of less than .08 at the time when they were driving.
● If you are convicted of impaired driving, or driving with a blood alcohol concentration of over .08, which result in bodily harm or death to another person you will almost certainly receive a lengthy jail term and driving prohibition, in addition to all of the other consequences noted above.

Driving under the influence may sound harmless when you are on your way back from a party or a bar, but it could lead to severe consequences. Thousands of drivers get their licenses suspended as a DUI penalty Winnipeg. It could not just blemish your driving record but also land you in trouble with the authorities.

The good news is, with the help of an accomplished DUI lawyer Winnipeg, you can avoid going to jail and even keep your driver’s license despite having blown over the legal limit. But there’s some bad news too; as DUI law is complex it is not easy to tell if you have a feasible defense.

Types of DUI offences DUI Canadian lawyers Deal With                             

“Over 80.”

An individual could be charged with an “Over 80” offence if the Blood test results or Breathalyzer report indicated he or she had over 80 milligrams of alcohol per 100 millilitres of blood in the body while driving a vehicle. It doesn’t matter if the individual did not appear impaired at the moment.

Impaired Driving

Impaired Driving charges do not require any breath or blood tests. Evidence of impairment can be solely based upon factors such as the presence of alcohol or drugs in the car or the individual’s inability to pass all sobriety tests.

Refusal or Failure To Provide a Breath or Blood Sample

Refusing or failing to provide a breath or blood sample when requested by a police officer is also an offence in itself. A conviction for this offence has the same penalties as a conviction for “Over 80” or Impaired Driving offence.

Why Do You Need An Impaired Driving Lawyer?

Impaired Driving convictions have serious consequences.  Any type of Impaired driving conviction will necessarily result in a driving prohibition, which impact your ability to get to work, raise your kids, and live your life. 

Defending impaired driving charges is complicated.  The legislative scheme that sets out the offences and punishments for impaired driving offences is technical and complex.  An impaired driving defence often involves a Charter based challenge to the validity of the taking of the breath samples that underlie the offence.

Gerri Wiebe – An Experienced and Effective Impaired Driving Lawyer in Winnipeg

Gerri Wiebe has been practicing criminal law in Winnipeg for 16 years, and has defended impaired driving charges on behalf of hundreds of clients.  She has the experience and knowledge that you need to achieve the best possible result.

Get In Touch With Gerri Wiebe

Finding the right criminal defence lawyer can be quite a challenge, especially when you are reeling from the stress of criminal charges.  Hiring a criminal lawyer means putting your trust in that person, and it’s important that you feel assured that that person will give you the best representation possible.  Call Gerri Wiebe today at +1-204-799-5956 for a free consultation and find out if she is the right lawyer for you.