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At Legal Access, no case is big, small, simple, or complex for our DUI lawyers in Halifax. We put our heads and hearts into safeguarding the rights of our clients and helping them attain the best possible results.
From challenging the accuracy of breathalyzer tests to questioning the grounds on which they got arrested, the lawyers we help you get in touch with don’t leave a single stone unturned to build a robust defense strategy for our clients. So, to get started, get in touch with our team today!
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Understanding the Types of DUI Charges in Halifax
With new DUI laws in Halifax being put in place, the legal landscape has become even more complex, making it essential to have a skilled DUI lawyer in Halifax by your side.
From a fine of $600-$2000 and prison time, to revocation of driving privileges, and completion of the Drug Dependency Services Assessment Program, the repercussions can be frightening. Depending on the severity of the charges, penalties can escalate, leading to long-term impacts on your personal and professional life.
That’s where you need the immediate assistance of a skilled DUI lawyer in Halifax. They can meticulously analyze every intricacy of your case, right from determining the accuracy of sobriety tests to identifying procedural loopholes. Everything they would do would help in building the strongest defense for your case.
Impaired Driving Charges That our DUI lawyers in Halifax Can Help You Navigate
Here are the types of DUI charges that you can face in Halifax, or the circumstances that can lead to you being charged.
Operating a Vehicle while Impaired [s. 320.14(1)(a)]
You will be charged with DUI if your breathalyzer test results come out as 0.08 Blood Alcohol Concentration (BAC) or higher. In such a case, it is considered that you failed the alcohol test, and Immediate Roadside Sanctions (IRS) and Administrative Driving Prohibitions (ADP) will be imposed. You will face these penalties on the spot, even before a court conviction:
Driving License Suspension: 90 days
Vehicle Impoundment (Storage Fee Paid by You): Minimum 7 days & Up to 90 days
Addition Assessment Program Fee: $455 and sometimes more
License Reinstatement Fee: $124.60 to $230, and sometimes more
Over 80 BAC [s. 320.14(1)(b)]
If your Blood Alcohol Concentration (BAC) is found to be 0.08 or higher when driving or within two hours of driving, you will be arrested for impaired driving. You will also be charged if you have care or control of a motor vehicle with a 0.08 or higher BAC.
Immediate 90-day license suspension and 7-day vehicle impoundment.
A mandatory minimum fine of $1000 for a first conviction offence.
Minimum of 30 days of imprisonment for the second conviction offence.
120-day minimum jail time and a 6-month ignition interlock for third or subsequent conviction offences.
Mandatory participation in remedial education and treatment programs, and ignition interlock.
Warn Range BAC
If a breathalyzer test returns your BAC between 0.05 and 0.079, you will not be charged or detained, but issued a warning. But if you think you are given a warning wrongfully, you should challenge the accusation with our DUI lawyer in Halifax, as these penalties will still apply:
First Warning: 7-day license suspension + Reinstatement fee + Potential vehicle impoundment
Second Warning: 15-day license suspension + Addiction assessment program
Third or Subsequent Warning: 30-day license suspension + Addiction assessment program + Potential ignition interlock
Note that you will be charged with impaired driving for any amount of alcohol in your system if you get involved in a collision.
Refusal to Comply with Testing [s. 320.15]
It is when you’ve declined a breath or roadside sobriety test. Declining a breathalyzer test carries the same consequences as failing the test with a 0.08 or higher BAC. So, the same on-the-spot penalties apply before you are convicted in court. However, if you are unable to blow into the breathalyzer device due to a medical condition or disability, let our DUI lawyer in Halifax prove your point.
Penalties a DUI Lawyer in Halifax Can Help You Avoid
If you are charged with DUI, the consequences are not limited to roadside penalties. You will be taken to the court, where, if you are convicted, you will face the following.
First Offense (Within 10 Years)
You won’t be facing a prison sentence when convicted for a collision-free DUI offense in Halifax for the first time, but the following penalties apply.
Monetary Fine: Minimum $1000 to $2000
License Suspension: Minimum 1 Year
Ignition Interlock: 1 Year after a 3-Month Wait
Addiction Assessment Program: $455+
License Reinstatement Fee: $124.60 to $230+
Retaking Driver’s Tests: Potentially Needed
Second Offense (Within 10 Years)
A mandatory minimum jail time will apply if you are convicted of DUI for the second time in Halifax. You will face the following consequences.
Imprisonment Period: Minimum 30 Days
Monetary Fine: $600 to $2000
License Suspension: 3 Years
Ignition Interlock: 3 Years after a 6-Month Wait
Addiction Assessment Program: $455+
License Reinstatement Fee: $124.60 to $230+
Retaking Driver’s Tests: Mandatory
Third Offense (Within 10 Years)
With a third DUI conviction, you risk 10 years to indefinite suspension of your driving license. And with subsequent offences, your driving privileges will be permanently revoked.
Imprisonment Period: Minimum 120 Days
Monetary Fine: $600 to $2000
License Suspension: 10 years to Indefinite
Ignition Interlock: 6 Years after a 12-Month Wait
Addiction Assessment Program: $455+
License Reinstatement Fee: $124.60 to $230+
Retaking Driver’s Tests: Mandatory
How Legal Access Can Help You with Your DUI Charges in Halifax
You can contact us at 1-888-402-9555. You can also request a callback by filling out a simple form that you can find on our website.
Wondering what strategies and legal arguments our DUI lawyers in Halifax will use to get your charge dropped or reduce the penalty upon conviction? Here are the questions they will ask and the police action they will challenge:
1. Challenging the Validity of the Stop (Charter Rights Violations)
Our DUI lawyer in Halifax can make the evidence collected by police inadmissible in court under Section 24(2) of the Canadian Charter of Rights and Freedoms. By doing so, they can get your wrongfully charged DUI case dropped. Here is how.
Section 8 (Unreasonable Search and Seizure)
We often come across instances of the police running a “fishing expedition,” actively looking for traffic rule violators. Sometimes you may get caught in this, being at the wrong place at the wrong time. If you are charged wrongfully, our DUI lawyers in Halifax know how to present and establish this in the courtroom.
Section 9 (Arbitrary Detention or Imprisonment)
We have also heard instances of police pulling over drivers without any real purpose or specific evidence.
If you, too, have faced an impaired driving charge when you think there was no acceptable reason for even the traffic stop, our DUI lawyers in Halifax can help. They will try to establish in the court whether the charge is legitimate, or just based on intuition or racial profiling.
2. Procedural Errors and Breathalyzer Accuracy
Our DUI lawyers can also question the calibration and accuracy of the breathalyzer used to determine your BAC. They will also question the procedure used for the alcohol test and the handling of the samples. If any flaw can be proved, all evidence will be deemed inadmissible.
3. Questioning Indicia of Impairment
The police may pull you over or charge you with impaired driving based on signs like slurred speech, smell of alcohol, or poor performance in field sobriety tests. But these signs can also appear due to fatigue, exposure to alcohol, fatigue, or illness. If so, let your DUI lawyers in Halifax defend you in the courtroom.
How Our DUI Lawyers in Halifax Prevent Wrongful Conviction
If you get convicted for impaired driving, your criminal record will be permanently stained. The DUI conviction will always show up when someone runs a background check on you. So, landlords may refuse to rent you a house. Employers may not prefer hiring you. Driving-related jobs will never be within your reach.
You will also be denied entry into the United States via land border crossing. But our DUI lawyers in Halifax will try to get your charge dropped in the following ways:
Challenging the Charge—Our DUI lawyer will review the details of your case, and find opportunities to provide that the traffic stop or the impaired driving charge was not based on any valid, probable ground.
Reviewing the Disclosure—After obtaining a disclosure form from the Crown, our DUI lawyer will assess the strengths, weaknesses, gaps, and omissions in the law related to your case. They will use their knowledge to figure out how to get your case dismissed.
Examining the Grounds for Arrest and Detention— Our DUI lawyer will also carefully study the circumstances of your traffic stop or arrest. They will try to find out if your Charter rights were violated, or if you were charged based on the officer’s intuition, bias, judgment, and any racial profiling tendency.
Why Choose Legal Access for Your DUI Defence?
When someone is facing DUI charges, choosing the right legal representation can make a major difference. At Legal Access, we help you connect with the right DUI Lawyers in Halifax, ensuring that you are provided with top-tier legal defense and a personalized approach.
Proven Expertise & Trustworthiness—We have a history of achieving the most favorable outcomes, which means that the lawyers on your case will bring you reduced charges, case dismissals, or the least penalties. We have handled more than 1100 DUI cases across Canada successfully.
Personalized Attention to Your Case—We prioritize clear communication, ensuring that you understand every step of the legal process. Every case will be unique, and therefore, our professionals analyze your case to find you a lawyer who can develop legal strategies that are tailored to meet your legal demands and to challenge the evidence against you.
Deep Understanding of Canadian DUI Laws—The lawyers who fight your case bring years of experience in successfully handling DUI cases in Halifax, ensuring that you receive the best possible defense in your situation. They have a deep understanding of federal and provincial DUI laws.
Aggressive Defence Strategies—No matter the charge, you get access to the best DUI lawyers in Halifax who work tirelessly to examine the evidence, identify the applicable emissions in law, and provide the best possible representation for your case.
Flexible Consultations and Representation—DUI charges can arise anytime, which is why we are available around the clock to provide urgent legal guidance. If you’re looking for an experienced DUI Lawyer in Halifax, trust Legal Access to find you a lawyer to defend your rights and protect your future.
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Frequently Asked Questions – FAQs.
1. Is it important that I hire a DUI lawyer in Halifax for my case?
You can hire a DUI lawyer if you want to build a strong defense for your case. An experienced lawyer can build a case by looking into the evidence, can negotiate for the penalties being reduced, and will be able to protect your rights and your future.
2. What should I do after a DUI arrest in Halifax?
All you can do is not panic. You should try to stay calm. And what’s more, to protect your rights, you should contact a DUI Lawyer in Halifax immediately.
3. Can a DUI charge be dismissed?
This is dependent on the circumstances. A skilled DUI lawyer can oversee the issues, find a loophole within the evidence, question the evidence presented, and find the legal defense issues, which can lead to charges being dismissed and reduced.
4. How much does a DUI lawyer cost in Halifax?
Legal fees vary based on the complexity of your case. Most lawyers offer consultations to discuss costs and defense strategies.
5. How long does a DUI case take to resolve?
The timeline varies, but cases typically take several months. An experienced DUI Lawyer in Halifax can help speed up the process and seek the best possible outcome.,
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