New Brunswick DUI Lawyers

Driving under the influence (DUI) offences are taken very seriously in New Brunswick and they can have significant life-long consequences.

Driving while impaired by alcohol or drugs, having a blood alcohol concentration (BAC) level over 0.08%, refusing to provide a breath or blood sample and impaired care and control of a vehicle can all result in a DUI charge.

The New Brunswick Motor Vehicle Act (MVA) and s.320.14 of the Criminal Code of Canada lay out the charges and the consequences. Penalties can vary from fines and license suspension to imprisonment and a criminal record. In addition to these legal penalties, conviction will result in many financial repercussions. These can include increased insurance premiums, potential employment issues, and mandatory completion of self-funded educational programs.

It is essential to have an experienced DUI lawyer representing you to mitigate the life-long impact of a DUI charge.

Understanding DUI Charges in New Brunswick

Legal BAC Limits:

This can be a very technical charge. Upon reasonable suspicion that the driver is impaired a police officer will often conduct a breathalyzer test, out of which there are three possible resulting readings. A ‘pass’ reading indicates that the BAC level is below 0.05%.

Upon receiving such a reading the officer will address the subject accordingly and may issue a Provincial Offences Procedures Act (POPA) ticket.

Notably, a POPA ticket is generally issued to a novice driver since the legal BAC limit for a driver under 21 is 0.00%. A ‘warn’ reading indicates that the BAC level is between 0.05% and 0.08%.

The registering of a ‘warn’ reading will often result in the issuance of a POPA ticket, a mandatory 7-day vehicle impoundment and depending on whether it is a first, second or subsequent offence within 5 years a license suspension of 7 days, 15 days or 30 days.

A ‘fail’ reading indicates that the BAC level is greater than 0.08% and generally the driver will be issued a 90-day license suspension.

Notably, to secure a conviction the Crown prosecutors must prove various factors including that the individual’s BAC level was above 0.08% at the time of driving and not at the time of the testing. It is important to note that BAC levels may increase as the alcohol travels from the stomach to the blood, but they can also decrease as the alcohol is eliminated from the blood due to metabolization or detoxification.

Types of DUI Offences:

1. Impaired Driving:

Impaired driving is caused when alcohol or drugs suppress the central nervous system ultimately resulting in impairment of higher functioning areas of your brain which can have many impacts. Should a police officer have reasonable suspicion, often rooted in observations of the driver’s behaviour, they will be able to make a charge under this offence. Some examples of impaired behaviour are slurred speech, lack of motor coordination, unsteady balance, and reckless driving.

2. Over 80mg Rule:

Should a police officer have reasonable suspicion that a driver is impaired by alcohol or drugs they can request a breath or blood sample. The result of such a test will often determine the BAC levels of an individual, and as established above there are three main resulting readings with corresponding consequences.

3. Refusal to Provide a Breath or Blood Sample:

If a police officer requests to conduct a breath or blood sample, it is an offence to refuse to provide the sample. This charge can also be made if a sample that is provided is deemed to be insufficient.

4. Impaired Care and Control:

So long as a police officer has reasonable suspicion that the individual in control of a vehicle is impaired, they can make this charge. Notably, the intention to operate the vehicle is not relevant when making this type of charge. An example of what this offence may look like is if a parked vehicle’s ignition is turned on, and the individual in the driver’s seat is intoxicated.

Consequences of a DUI Conviction:

DUI offences are taken very seriously and the resulting penalties can impact all aspects of your life. Financial impacts can arise from fines, higher insurance premiums, and potential employment issues. Having a criminal record can impact your ability to obtain and retain employment and your ability to travel. In addition to these, there are also more direct penalties associated with the offence.

Fines will range from $600 to $2000, depending on the specifics of your case. You may also face up to 5 years imprisonment. In the case that the offence results in bodily harm or death then you may face incarceration for life, depending on if the Crown prosecutes by summary or by indictment. License suspension and mandatory enrollment in the Alcohol Ignition Interlock Program will vary on whether it was a first or subsequent offence. However, to be eligible to partake in the Alcohol Ignition Interlock Program, the individual must first complete a drinking driver’s re-education course as per the MVA.

• First Offence:
  • License Suspension Period: 1 year
  • Minimum Prohibition Before Qualifying for the Ignition Interlock Program: 3 months
  • Maximum Duration of Ignition Interlock Program: 9 months

• Second Offence:
  • License Suspension Period: 3 years
  • Minimum Prohibition Before Qualifying for the Ignition Interlock Program: 6 months
  • Maximum Duration of Ignition Interlock Program: 30 months

• Third or Subsequent Offences:
  • License Suspension Period: 5 years
  • Minimum Prohibition Before Qualifying for the Ignition Interlock Program: 12 months
  • Maximum Duration of Ignition Interlock Program: 48 months

How a DUI Lawyer Can Help Defend Your Case

The importance of having professional legal representation cannot be overemphasized. A diligent DUI lawyer will implement a defence strategy that is best suitedto your specific case. To develop this strategy a DUI lawyer will work to gather evidence from reviewing the arrest and Crown Prosecutors evidence to ensure the legality of the traffic stop and that the police complied with the proper procedures. There can be instances where external factors such as medical conditions or road conditions, have contributed to a police officer’s observations and an experienced DUI lawyer can strategically challenge these observations thereby disputing field sobriety test results. In addition to errors in field sobriety test results, there can be inaccuracies in breathalyzer tests, blood tests and other drug or substance tests. A DUI lawyer will be able to analyze these test results for any inconsistencies as well as investigate if there are any faults with the calibration or administration of the testing equipment.

Not only will a lawyer be able to strategically gather evidence and implement a defence strategy specifically tailored to your situation, but they will also negotiate with the Crown Prosecutors for dismissal or a lesser charge. Should a dismissal of the charge not be possible a lesser charge, such as ‘Careless Driving’, which is a non-criminal offence may be settled on. Contact one of our experienced DUI lawyers for more details on how they can help with your specific case.

Choosing the Right DUI Lawyer in New Brunswick

Choosing the right DUI lawyer to represent you is critical. A few essential qualities to look for when finding a DUI lawyer in New Brunswick are:

• Experience with Local DUI Cases:

A local lawyer who specialises in DUI cases will offer the strongest possibility of obtaining the best outcome as they are familiar with both the local courts and legal procedures as well as the associated strategies essential for winning a DUI case.

• Knowledge of New Brunswick’s Court System:

A DUI lawyer who has familiarity with local legal processes will be an advantage for you. Having established relationships with local judges and prosecutors as well as an understanding of likely outcomes for DUI cases will be extremely beneficial.

• Strong Reputation and Client Testimonials:

Reviewing a lawyer’s previous cases and their outcomes will help you determine if they have the needed experience in cases similar to yours. Additionally, looking at client testimonials can offer valuable insight into whether a lawyer is equipped with the necessary skills to obtain the best outcome for you.

• Clear Communication and Transparency:

It is important that a lawyer remains honest and realistic with you so that you are always kept part of the loop. Taking client testimonials into consideration can help in determining if a lawyer has a good track record of ensuring that their previous clients have had good communication with a lawyer.

DUI charges can have very serious consequences and you do not need to tackle the legal process on your own. Contact our diligent and experienced DUI lawyer New Brunswick to see how we can help beat the DUI charge.

Steps to Take Immediately After a DUI Charge in New Brunswick

Following a DUI charge your rights must be protected. There are various precautions you should take to ensure that your rights are protected. You should not make any statements without legal counsel to safeguard your rights. Furthermore, you should not admit to guilt or make a self-incriminating statement. Additionally, you should document the details of your arrest. This might look like recording everything about the arrest and making note of the location, officers’ behaviour and the results of all tests taken. You should also contact a DUI lawyer as soon as possible. Having legal representation for DUI charges in New Brunswick is imperative and the sooner that you obtain legal counsel the increased likelihood there is of acquiring a favourable outcome.

Potential Outcomes of a DUI Case in New Brunswick

There are three main outcomes for a DUI case in New Brunswick:

• Case Dismissal:

A case dismissal is when the charges are dropped due to lack of evidence, procedural errors or the violation of rights. This is the best-case scenario.

• Reduced Charges:

Should a case dismissal not be possible, it is possible to negotiate for a lesser offence. A lesser offence such as ‘Careless Driving’ is a non-criminal offence. This means that there is no criminal record, and thereby a reduction in penalty, associated with a conviction.

• Conviction:

It is very important to understand the impact of a conviction or guilty plea. A conviction will result in a criminal record, a loss of driving privileges, and jeopardised future opportunities. You may suffer gaining and retaining employment due to a criminal record. All aspects of your life will be impacted including socially and financially from a DUI conviction.

It is very important that you understand all of these possible outcomes and the associated consequences. However, it is important to know that all cases are different so the possible outcome will vary. Speak to one of our experienced DUI defence attorneys in New Brunswick for more guidance on your case.

Long-Term Impact of a DUI Conviction in New Brunswick

A DUI conviction can have many lifelong consequences. Alongside the financial and social strains, you may also face mental difficulties with elevated stress. A criminal record will affect employment opportunities and your reputation. You may also face difficulties travelling as countries like the United States can see if you have a DUI conviction.

In addition to a criminal record, your driver’s license will also be suspended for a set period. As was discussed above, depending on whether it is a first or repeat offence, license suspension will vary from 1 to 5 years. To reinstate your license you will likely need to complete an impaired driver re-education course, pay a reinstatement fee, and meet any other conditions, such as the installation of an ignition interlock device.

Receiving a DUI conviction in New Brunswick means that you may be mandated to participate in the Ignition Interlock Program. This means that a restriction will be placed on your driver’s license requiring any vehicles that you operate to be equipped with an alcohol ignition interlock device. Before starting the ignition, the driver will be required to blow into the device, similar to how one would blow into a breathalyzer, and if the BAC level is higher than the set limit the vehicle will not start. Once the vehicle is started, the driver will be required to provide a sample at random. Should the driver not provide this sample or if the sample exceeds the preset blood alcohol level, then the vehicle will log the event, warn the driver and activate an alarm (e.g. horn honking, lights flashing, etc.) until the ignition is turned off. Notably, the individual is responsible for all costs of the program. Monthly monitoring fees are about $70 plus tax, per device, installation fees are determined by the installer and will vary on each vehicle’s make and model.

In addition to fees associated with license reinstatement and the costs of installing and maintaining the ignition interlock device, you will also likely be subject to increased insurance premiums. A conviction will likely result in you being classified as a high-risk driver thereby impacting insurance costs.

A DUI conviction can have life-altering consequences. Speak with one of our dedicated DUI lawyers for more information on how to beat a DUI charge and mitigate these consequences.

Why Hiring a Skilled DUI Lawyer is Crucial

Dealing with a DUI charge can be very stressful and complicated. Having a skilled DUI lawyer to help you navigate through complex legal processes can prove to be invaluable. A DUI lawyer that is familiar with the local legal system and understands the nuances of DUI law will be able to effectively maneuver through legal processes to obtain a favourable outcome. Furthermore, a DUI lawyer will work to safeguard your future by negotiating to avoid a conviction and minimise penalties.

Our dedicated DUI lawyers will strategically apply defences and negotiate for the best outcome.

Conclusion

DUI charges are very serious offences with severe consequences. Finding an experienced and local DUI lawyer is imperative so that they are familiar with DUI laws in New Brunswick and are able to employ defences strategically to acquire a favourable outcome. Navigating through legal processes can be difficult, and having a diligent DUI lawyer by your side to protect your future and safeguard your rights is invaluable.

It is imperative that you reach out to one of our dedicated DUI lawyers in New Brunswick as soon as possible. The sooner you obtain legal representation the increased likelihood there is of a favourable outcome.