DUI Lawyer PEI

Driving Under the Influence (DUI) charges in Prince Edward Island are serious offenses that carry significant legal and financial repercussions.

Governed by the Prince Edward Island Highway Traffic Act and the Criminal Code of Canada, these charges can result from operating a vehicle while impaired by alcohol or drugs, having a blood alcohol concentration (BAC) over 0.08%, or refusing to provide a breath sample.

PEI has some of the strictest laws in Canada when it comes to impaired driving. If you are caught driving with a BAC of 0.05%-0.079%, which is lower than the federal limit, you could still face harsh consequences. This also applies to driving under the influence of drugs, as well.

The importance of securing a qualified DUI lawyer if charged cannot be overstated. A skilled lawyer can navigate the complexities of DUI laws, challenge evidence, and advocate on your behalf to potentially reduce charges or penalties.

The impact of a DUI charge on a person’s life is profound, encompassing legal consequences such as fines, license suspension, and imprisonment. Financially, individuals face substantial costs, including legal fees and increased insurance premiums, along with the potential for job loss. Additionally, a DUI conviction results in a criminal record, which can affect future employment opportunities and travel.

Given these far-reaching consequences, professional legal representation is essential to mitigate the impact of a DUI charge in PEI.

Understanding DUI Fines in PEI

Under PEI’s Highway Traffic Act, you will face immediate roadside sanctions if you are asked to provide a breath sample and blow over .05% blood alcohol concentration or more. If this occurs, you will have an immediate 24-hour driving suspension on your licence, with an administrative driving prohibition for 90 days effective seven days after the 24-hour suspension. Your vehicle will also be impounded for 30 days for your first or second charge within 10 years, and for six months if you have been charged three or more times within the same period.

If you are convicted of driving with a BAC over .08%, or another impaired driving offence, you will be subject to fines, further suspensions and jail time. For example, first offenders will face a minimum punishment of a $1,000 fine, one-year licence suspension, and three days in jail for a DUI charge in PEI. Second offenders, meanwhile, will face at least a three-year license suspension, and minimum 30 days in jail. Those convicted for a third time or more will face a five-year plus license suspension, and 90 days or over in jail.

The minimum fines for DUI offences can increase depending on one’s blood alcohol level. A fine of $1,500 is applied if your blood alcohol concentration is equal to or greater than 120 mg of alcohol in 100 ml of blood (0.12%). If the concentration is equal to or greater than 160mg of alcohol in 100ml of blood (0.16%), a minimum fine of $2,000 is applied.

These punishments are only the minimum of what you can receive. Depending on whether the Crown elects to proceed by indictment or summarily, the maximum punishments for impaired driving include:

1. Indictment

• Impaired driving: Up to 10-years imprisonment;
• Impaired driving causing bodily harm: Up to 14-years imprisonment;
• Impaired driving causing death: Up to life imprisonment.

2. Summary

• Impaired driving: Up to 2-years less a day imprisonment;
• Impaired driving causing bodily harm: Up to 2-years less a day imprisonment

Additional Costs Associated with DUI Charges in PEI

In addition to any potential fines and punishments that you may receive as a result of a DUI charge in PEI, there are several other costs that must be considered:

First are the costs of your legal representation. The pricing for DUI lawyers varies depending on several factors, such as seniority, experience and success rate. With more experience and a higher success rate, the chances of beating your DUI charge increase which in turn, drives up the cost of the lawyer. Although the cost varies depending on each case, the following outlines three ranges, providing a rough estimate of what cost to expect:

• Junior lawyers: Junior lawyers are relatively newer lawyers who have typically defended DUIs for up to 5 years, have reviewed hundreds of DUI cases, and have conducted many of their own trials. Lawyers falling into this category typically charge between $3,000 – $7,000 for a basic DUI case.
• Mid-level lawyers: These lawyers have been defending DUI charges for 5-15 years, handling possibly thousands of cases with a comfortable grasp of the legal issues and courtroom processes. Lawyers in this category typically charge around $10,000, give or take $2,500, for basic DUI cases.
• Top end lawyers: These lawyers have been handling DUI defences for at least 10-15 years, if not longer, and have seen a high demand due to their high success rate. Lawyers in this category typically charge around over $15,000 for basic DUI cases.

Once you have chosen which category of lawyer to work with, you will have to pay a retainer fee (AKA initial investigation fee), consisting of around one-third of the overall cost.

You may also be required to pay a number of court and administrative fees, depending on the outcome of your case. For example, you will be required to pay for any towing and impoundment fees that result from your DUI offence. If you wish to apply to get your licence back, you will be required to pay a $750 licence reinstatement fee. All drivers who wish to regain their licence after a DUI in PEI are required to take part in the ignition interlock program, which also comes with additional fees. You will be required to pay for the installation of the device in your vehicle, which costs about $150, a monthly program fee of $105 and a $50 deinstallation fee.

A DUI can also have a dramatic and immediate impact on your insurance rates, resulting in a 3-5 times increase in your usual payments. In PEI, insurance premiums can range from $2,000 to $10,000 annually for drivers with a DUI on their criminal record.

Essentially, being charged with a DUI is expensive. That is why it is important that you obtain a skilled DUI lawyer that will be able to help you reduce the fines and penalties associated with impaired driving.

Role of a DUI Lawyer in Reducing Fines and Penalties

DUI lawyers play a crucial role in protecting the rights of individuals facing charges related to PEI DUI laws. These legal professionals specialize in the complex area of DUI law, possessing a deep understanding of the provincial legislation, legal precedents, and courtroom procedures involved.

When taking on a DUI case, a lawyer will carefully assess the circumstances surrounding the arrest and evaluate the evidence against their client. This may involve scrutinizing police reports, witness statements, and video footage to identify any potential weaknesses or inconsistencies in the prosecution’s case.

One key aspect of a DUI lawyer’s role is challenging the evidence presented by the Crown. This may include disputing the accuracy or admissibility of breathalyzer tests, questioning the validity of field sobriety tests, or highlighting any procedural errors made by law enforcement during the arrest. By successfully challenging this evidence, a DUI lawyer can work towards having the charges reduced or dismissed.

In some cases, a DUI lawyer may negotiate with the prosecution to secure reduced penalties for their client through plea bargaining. This can result in lesser charges, shorter license suspensions, or the dismissal of certain penalties altogether.

If the case proceeds to trial, a DUI lawyer will be instrumental in preparing a strong defense strategy and advocating on behalf of their client in court. This includes cross-examining witnesses, presenting evidence, and arguing for the most favorable outcome possible.

Throughout the legal process, a DUI lawyer serves as a knowledgeable guide and fierce advocate, working tirelessly to protect their client’s rights and minimize the impact of a DUI charge on their life.

Choosing the Right DUI Lawyer in PEI

Ensuring the best possible outcome for your case starts with choosing the right DUI lawyer for you. In Prince Edward Island, it can be tricky to find the right lawyer. Start by exploring online directories, seeking referrals from friends or family, and consulting the local bar association for reputable recommendations.

First and foremost, look for a lawyer with extensive experience and specialization in DUI cases. This expertise ensures they are well-versed in the nuances of DUI laws and defense strategies specific to Prince Edward Island. A thorough knowledge of local courts, judges, and prosecutors is also crucial, as this familiarity can be advantageous in navigating the legal system and negotiating favorable outcomes.

Additionally, prioritize a lawyer with a proven track record of successful outcomes in DUI cases, which may include charge reductions, case dismissals, or favorable plea bargains. This track record demonstrates their ability to effectively defend clients and achieve positive results in challenging circumstances. Positive client testimonials and reviews are helpful in this regard, and they can show you which lawyers will provide effective communication and reliability in defending your DUI.

During initial consultations, ask critical questions about legal fees, defense strategies, and the lawyer’s past experience with DUI cases to assess their expertise and suitability. Some possible questions that you can ask during consultations are:

• What is your success-rate in beating DUI charges?
• Should I plead guilty to a DUI?
• What are the consequences of pleading guilty to DUI?
• What is the process of defending/beating a DUI?
• How much does it cost to hire a DUI lawyer?

By taking these steps, you can make an informed decision and choose a DUI lawyer who is well-equipped to handle your case effectively.

What to Expect During the Legal Process in PEI

When an individual is arrested for a DUI in Prince Edward Island, they will be taken into custody and required to provide breath samples to determine their blood alcohol concentration (BAC). If the BAC is over the legal limit or the officer has reason to believe the individual is impaired, they will be formally charged with a DUI offense.

After the arrest, the accused will be released on a promise to appear in court or may need to attend a bail hearing, depending on the circumstances of the case and their criminal history.

After this time, you will receive something called “disclosure” from the Crown. This is all the evidence the police have gathered that will be used to try and prosecute you. At this stage especially, it is incredibly important that you have an experienced impaired driving lawyer by your side, so that they can review the evidence, challenge its legality, and begin building a defence for you.

If the case proceeds to trial, the prosecution will present evidence against the accused, including testimony from the arresting officer and any witnesses. The defense lawyer will cross-examine witnesses and present evidence in support of the accused.

If found guilty, the accused will face sentencing, which may include fines, jail time, license suspension, and mandatory participation in education or rehabilitation programs, as outlined in the Canadian Criminal Code and Prince Edward Island’s Highway Traffic Act. The severity of the sentence will depend on factors such as the accused’s BAC level, prior DUI convictions, and any aggravating circumstances.

DUI lawyers help to protect their clients’ rights, challenge the evidence against them, and secure the most favorable outcome possible when facing DUI penalties in PEI.

Conclusion

Being charged with a DUI in Prince Edward Island can be incredibly stressful. Prince Edward Island has some of the strictest impaired driving laws in the country, with mandatory minimum jail sentences, even for first-time offenders. The legal system surrounding traffic laws can be complex and difficult to understand. Having a lawyer on your side can help you ease your stress and have the negative impacts of a DUI charge mitigated. If you’ve been arrested for a DUI, it is crucial that you exercise your right to legal counsel and speak to a qualified DUI lawyer in PEI to aid you in managing your case.