Best Ways to React When Arrested for Impaired Driving in Canada
Calvin Barry
Criminal Lawyer at Calvin Barry Professional Corporation, Criminal Lawyers
Most people do not have any idea what to do if they have been pulled over or arrested for impaired driving. It is also difficult to think about what actions are the best when you’re scared, confused, worried, or in shock over getting arrested for impaired driving. Below are some suggestions by an impaired driving lawyer to make it easier for you to deal with the situation.
Stay Calm at All Times
Although it may be very aggravating to be confronted by a police officer, it is in your best interest to remain calm and focused even when things are not. Making any gesture or action that can make it look like you are not in control of your emotions such as flailing your arms or raising your voice can make things harder for you. By remaining calm, you will be able to remain focused on the situation and what the officer is saying. This will let them know that you’re rational and cooperative.
Cooperate with the Authorities
When you’re arrested for impaired driving, you must cooperate with the police officer no matter what your personal feelings may be. Cooperating includes submitting to a breathalyzer test on the scene. Note that although you can refuse to take the test, doing so may lead to more difficulties and additional charges with severe penalties.
Remain calm and cooperate when the officer asks you to perform several tests at the scene. You may be asked to repeat tongue twisters or to walk in a straight line as a way to test your level of intoxication. Even if the results of the tests lead to an arrest, know that cooperating will be noted on the documentation and will sway things in your favour should you go on trial.
Get a Lawyer as Soon as Possible
The officers should tell you that you have a right to a DUI lawyer. If they don’t, you can request to contact a legal representative as soon as possible. The officers should provide you with a way to get in touch with your legal counsel and if you can, inform them that you wish to talk to your lawyer before proceeding with the rest of the processes for an arrest.
Refrain from Answering Questions Until Your DUI Lawyer Is at Your Side
You have the right to defer further questioning until your lawyer arrives. The best scenario is to resume questioning when you have your lawyer at your side so that your lawyer can advise you during the questioning.
If you can, be sure to take notes of all the details that you can remember because your lawyer will need all the information you can recall related to your charge. Your DUI lawyer will also want to know what happened before, during, and after your arrest and will ask to see the police report to compare with what you have to say. These things are done by your DUI lawyer to make sure that your rights are observed and to look for information that can be used in your defence.
An Arrest Does Not Have to Mean a Conviction
Some people think that pleading guilty is the best thing that they can do after they are arrested for impaired driving in Canada. That is far from being one of your best options for defence. What you should do is to hire a DUI lawyer as soon as you can to make sure that you do not make mistakes that you will regret later. Never underestimate the role of a DUI lawyer in your defence. If you’re looking for a DUI lawyer in Toronto, call Calvin Barry today.
President at DMAC Consultants Inc.
4 年I thank you Calvin. In this day of 2020. No one should drink and drive or smoke and drive or eat and drive !!. My sister was taking a new medication for nerve pain. She did it know that alcohol would intensify the effects. She totalled her Mustang. Luckily . No one was injured !! This time. We now how cannabis... chewables. Some people have different reactions. Yes an intelligent and thoughtful person. Would hire an Uber ... humans are flawed ... unfortunately. I see hundreds of driving errors every single day. Hundreds !!! Most people are not Aware that looking at your phone at a stop light is a distracted driving offence.. Ticket $610. Then you loose 3 demerit points , then lose your license for 30 days. And then pay another $380. To get your license back. Just to touch your phone at a stop light !!! $1,000 and 3 demerit points. Oh also. You cannot drive with your 3.5 lb dog on your lap ! Here in Oakville/ Burlington. Also $1,000 fine. The police drive up beside you in unmarked vehicles at a stop light.. “ Distracted Driving BLITZ. “ Every year the End of Nov and beginning of December !!! Watch you like a hawk. Praying that you touch or look at your phone.
Training Rep at NN Shipbuilding
4 年My cousin Danny was killed by a drunk driver. His excuse was he didn't know he had driven his car up into the sidewalk, and ran someone over. Drinking and driving is the equivalent of firing a weapon blindly into traffic. You may get lucky and miss, but you as still criminally negligent. "I didn't mean to kill, maim, or frighten other people on the road." Did you intend to drink? Yes, you did. You obviously intended to drive home, or you would have made arrangements. So you chose to take a 1000kg car out on the road and play Russian Roulette with your life, and everyone else's life.
Military Police/ Close Protection Agent CFPSU BW Trained / Response team
4 年I have a suggestion. Don’t drink and drive !!!