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DUI Charges What You Need to Know and How to Defend Yourself
May 15, 2023

Driving under the influence (DUI) of alcohol or drugs is a serious criminal offense in Quebec that can have severe legal and personal consequences. If you've been charged with DUI in Quebec, it's critical to understand the legal implications, your rights, and the options available for your defense. In this blog post, we'll explore the laws surrounding DUI charges in Quebec, the potential consequences, and how to effectively defend yourself against these charges.

 

Understanding DUI Laws in Quebec

In Quebec, DUI laws are governed by both the Criminal Code of Canada and the Quebec Highway Safety Code. A DUI charge can arise if you are found operating a motor vehicle with a blood alcohol concentration (BAC) equal to or exceeding the legal limit of 0.08%, or if you are impaired by drugs or a combination of drugs and alcohol.

It's important to note that Quebec also has a "zero alcohol" rule for certain drivers, such as novice drivers and drivers under the age of 22. For these individuals, any detectable level of alcohol in their system while driving is a violation.

Consequences of DUI Charges

Being charged with DUI can lead to a range of consequences, including:

Criminal Penalties

DUI is a criminal offense under the Criminal Code of Canada. If convicted, you may face fines, imprisonment, and a criminal record. The severity of the penalties depends on the circumstances of the offense and whether it is a first or repeat offense.

License Suspension and Revocation

In Quebec, an immediate license suspension is imposed upon arrest for DUI. Additionally, a conviction for DUI can lead to a longer license suspension or revocation, depending on the circumstances.

Ignition Interlock Device

If convicted of DUI, you may be required to install an ignition interlock device in your vehicle. This device prevents the vehicle from starting if alcohol is detected on your breath.

Increased Insurance Premiums

DUI convictions often result in increased auto insurance premiums, as insurers view DUI offenders as high-risk drivers.

Impact on Employment and Travel

A DUI conviction can affect your employment prospects, especially if your job requires driving. Additionally, a criminal record may limit your ability to travel to certain countries.

 

How to Defend Yourself Against DUI Charges in Quebec

If you are facing DUI charges, it's essential to take proactive steps to defend yourself:

1. Exercise Your Rights

Upon arrest for DUI, you have the right to remain silent and the right to legal counsel. Exercise these rights and avoid making any statements that could incriminate you.

2. Seek Legal Representation

Hiring a lawyer who specializes in DUI defense is crucial. A skilled DUI lawyer can review the evidence, identify potential defenses, and represent you in court.

3. Challenge the Evidence

Your lawyer may challenge the legality of the traffic stop, the accuracy of the breathalyzer test, or the procedures followed by law enforcement. Successfully challenging the evidence may lead to a reduction or dismissal of the charges.

4. Consider Plea Bargaining

In some cases, plea bargaining may be an option. Your lawyer can negotiate with the prosecution to reduce the charges or penalties in exchange for a guilty plea.

5. Prepare for Trial

If your case goes to trial, your lawyer will present a strong defense on your behalf. This may include expert testimony, witness accounts, and other evidence to support your case.

 

DUI charges in Quebec are serious and can have lasting consequences. Understanding the laws, potential penalties, and defense strategies is key to protecting your rights and achieving the best possible outcome. If you are facing DUI charges, Ticket911 is here to provide expert legal representation and support