Saskatoon DUI Lawyers

Driving Under the Influence (DUI), or impaired driving, is covered under Section 320.14 of the Criminal Code of Canada.

An individual may be charged with DUI if the police believe them to have operated a motor vehicle, vessel, aircraft or railway equipment while under the influence of alcohol or drugs, causing an impairment in their driving ability.

Saskatchewan has seen a steady decline in impaired driving incidents over the last decade however, according to statistics, incidents remain high, with over 5,000 incidents being reported year to year.

With the number of incidents occurring remaining high over the years, it is important to hire a specialized DUI lawyer to help fight your case in Saskatoon. Through outlining the basic components of a DUI charge and the legal process involved, this article will guide you toward finding the best DUI lawyers in Saskatoon.

Why You Need a DUI Lawyer in Saskatoon

DUI offences can be highly complex and difficult to navigate. Having one of our expert lawyers by your side comes with many benefits. Our lawyers will aid in gathering evidence, interviewing witnesses, finding potential mistakes made by the police, and utilizing any applicable defences to help build you a stronger case.

Court processes can be complex and daunting to navigate by yourself. A DUI lawyer will break down each stage of your case with you, answering any questions you have along the way.

Without a lawyer, you may be uncertain about what information is relevant in building your defence. Our lawyers will sort through any information you provide, gathering relevant points to help build you a strong defence against your DUI charge.

With the legal experience and success our DUI lawyers have obtained over the years, they know how to build a strong case for you. In the event you are found guilty of drunk driving, having one of Saskatoon’s criminal defence lawyers can aid in reducing the severity of your punishment. We understand that each case is unique.

Contact us to book a no-obligation free consultation to find out more about what our DUI lawyers can do for you.

Characteristics of an Effective DUI Lawyer

It is vital to have an effective DUI lawyer handle your case to ensure the best possible outcome.

Our lawyers come with a wide range of experience in DUI law. With their legal knowledge of DUI laws, they will navigate you through the complexities, provide legal representation and build a strong case for you. Great communication, negotiation skills, and attention to detail are just a few characteristics of our DUI lawyers.

Having a lawyer with experience and specialization in DUI law is important, as they will have the knowledge of how to best approach your case. Our success rate and reputation in DUI law speaks for itself.

Get in touch with one of our expert lawyers to inquire more about how our lawyers can help you.

How to Choose the Right DUI Lawyer in Saskatoon

Ensuring the best possible outcome for your case starts with choosing the right DUI lawyer for you. With many lawyers in Saskatoon to choose from, it can be tricky to find the right lawyer.

However, to protect yourself from life-long consequences, it is imperative to find the right DUI lawyer to handle your case. Our experienced lawyers are here to guide you through your DUI charge from start to finish. It is important to research and compare what each lawyer brings to the table before choosing one.

Our professional DUI lawyers come with a high success rate and expansive legal knowledge in DUI law. When booking consultations, it is important to ask questions to ensure they are the right lawyer for you.

The following are some questions you could ask during your consultations:

• What is the cost of hiring a DUI lawyer?
• What is the legal process for handling your DUI case?
• What are the benefits/consequences of pleading guilty to DUI?
• How much experience do they have with DUI charges and what is their success rate?
• What area of law do they specialize in?

The DUI Legal Process in Saskatoon

Once you have been charged with DUI, the Crown must prove two elements beyond a reasonable doubt in order to convict you. It must be shown that you were operating a conveyance, regardless of whether it was in motion, and that you did so while under the influence of alcohol or drugs. If your actions result in serious harm occurring to others, the charges laid against you may become more severe.

There are several different scenarios which can lead up to an arrest under DUI:

• An arrest may occur at a routine police stop/check-stop
• The police may arrest individuals at the scene of an accident
• When a driver is pulled over/pursued by police
• A witness may report/complain to the police

Many Saskatchewan police officers have started utilizing In-Car Digital Video (ICDV) and body cameras, which commonly record an individual’s driving. The footage gathered from these cameras may be used as evidence for or against your charge. For example, it may show a lack of impairment based on your driving, which may aid in defending your impaired driving charges. An experienced DUI lawyer can secure and review this evidence and guide you on how to proceed with your charge.

Once an officer has stopped you due to a reasonable suspicion of impaired driving, they may require you to perform a physical sobriety roadside test. The Criminal Code of Canada states that all individuals in Canada must adhere to this roadside test, regardless of why they were stopped by the police.

A trained evaluating officer will conduct a field sobriety test to determine whether you are impaired and to what extent. You may be asked to conduct a series of physical tests, such as walking in a straight line. The officer may also check if you or your car smell of drugs or alcohol and you may be asked to blow into a roadside breathalyzer device.

Failure of the test or refusal to blow into the breathalyzer may result in charges being laid for DUI and your immediate arrest.

Once you have been detained for failing to pass the breathalyzer test, two more breathalyzer samples will be required to determine your blood alcohol concentration. You may be charged with “over 80” if the breathalyzer values your blood alcohol concentration to greater than or equal to 80 mg of alcohol in 100 mL of blood.

As the breathalyzer only determines blood alcohol concentrations, a Drug Recognition Evaluator may be called in if the officer reasonably suspects a high drug blood concentration. The Evaluator will conduct a 12-step test to determine your impairment and what type of drug was involved. Alternatively, the Saskatoon Police have recently incorporated the use of SoToxa, which can be used to test the drug’s blood concentration through the use of an oral fluid machine. Depending on the results, DUI charges may be laid.

Following this, the police may release you with an Appearance Notice document. This document outlines any charges laid against you and lists any appearances required on your end. The police may further have you sign an Undertaking in which any specific conditions and prohibitions are outlined, including a prohibition from leaving the province and/or alcohol consumption.

A second or subsequent offender may be kept in custody until a formal bail hearing takes place. The bail hearing can be held as soon as 24 hours from detention and may take up to three days. During this time, only your lawyer is permitted to contact you. The police must provide an opportunity for you to privately contact a lawyer.

Should you choose to exercise this right, the police must halt all further questioning until you have contacted your lawyer. Hiring one of our skilled defence lawyers can make the process easier for you, as they can work on securing your bail and provide guidance on how to navigate your way through the legal process. A disclosure package, which holds all the evidence gathered by the police, can be obtained by one of our defence lawyers. They will then review and assess the package and relay meaningful representations to the court regarding your bail release.

During the bail hearing, the Crown Prosecutor will consider numerous factors regarding your release. Our lawyers will work hard to obtain your release with as stringent bail conditions as possible. It is important to follow these bail conditions to prevent further charges. If we are unsuccessful in convincing the prosecutor, our experienced lawyers will guide you throughout the court process, represent you at trial, and apply any applicable defences to ensure your success.

Common DUI Defence Strategies

Each case is different. Therefore, the defences applicable vary depending on the specific charges. Our lawyers will carefully review the entire police file and find all the applicable defences to challenge the evidence against you.

The following are some effective defences against DUI charges:

• Lack of actus reus and mens rea: In order to convict an individual of a criminal offence such as impaired driving, the Crown must prove actus reus (guilty action) and mens rea (guilty mind). If it can be shown that either of these elements was not present, this defence may be successfully applied to counter your DUI charge. For example, if you were unknowingly drugged, it can be argued that you were involuntarily intoxicated and therefore lacked mens rea, a guilty mind, and this defence may apply.
• Defence of necessity: This defence may apply if it can be shown that you had only driven in order to escape from an immediate risk of harm to either you or your passengers and that you had only driven for as long as necessary to escape the immediate harm and no longer.
• Any applicable Charter defences: The Charter outlines all of your rights and freedoms before and after your arrest. If at any point during and after your arrest, the police infringe on any of these rights, this defence may be applicable. A DUI lawyer may challenge the procedures utilized by the police and if this defence is applied successfully, some or all of the evidence gathered by the police can be excluded at trial.

Frequently Asked Questions (FAQs)

How can a DUI lawyer help navigate the specific legal landscape of Saskatoon?

Our DUI lawyers are experts in the legal process of Saskatoon. They will be able to help you navigate your way through the entire legal process from start to finish. They will be able to answer any questions you have along the way and will ensure you are adequately equipped for any court appearances.

What should I bring to my first consultation with a DUI lawyer in Saskatoon?

It is important to bring any required documents to your first consultation with a DUI lawyer. Any court documents or police reports that you received should be brought to your consultation for the DUI lawyer to examine. You should also bring a piece of identification to verify your identity. If you are unsure whether a document is of importance, bring it with you to the consultation and the lawyer will verify for you.

What are the potential impacts of a DUI conviction on my life, and how can a lawyer mitigate these?

A DUI conviction can result in a licence suspension, criminal record, charges, and possibly imprisonment. Having one of our defence lawyers fight your DUI charge can mitigate the severity of your punishments.

Conclusion

Being charged with a DUI offence can be a daunting experience and you may not know how to approach your charge. Having one of our expert DUI lawyers represent you can ensure you reach the best possible outcome for your case. By examining all the evidence and applying any available defences, our lawyers will help you reach the desired result. Get in contact with one of our lawyers to talk about how they can aid in defending your DUI charge.