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first of all, let me make it clear, im asking for a friend. base on his description, he went to his coworker's place on sunday night, while he was there, he had 5 or 6 beer, afterwards, he drove from his coworker's place back to his house.
when he arrived home, 3 cops immediately pulled him over and made him to take a blood alcohol test, legal limit is 0.08 and his was 0.13. i think what happened was while he was driving from his coworker's place back home, the cop noticed his driving was probably a little odd, so the cop decided to pull him over, but b/c he was so drunk at the time, he didn't even notice there was a cop behind him, so he just kept driving home.
i live in the states and was never involved in a dui situation myself. after doing some research on the internet, it seems like the law in canada is pretty clear about dui. he will have to go see a judge and appear in court in a few weeks. at this point,
q1. is hiring a lawyer will help him to get a reduced sentence?
*obviously, he wants to do some damage control for what he did. personally, i think as adults, we need to take responsibilities for our actions. and i don't believe it is right just b/c someone is willing to pay big bucks to hire a lawyer, that person can get away with committing a crime.
q2. what is the likelihood that he will be convicted for what he did?
Last edited by some1livesinamerica; 01-17-2017 at 09:34 PM..
...... he went to his coworker's place on sunday night, while he was there, he had 5 or 6 beer..... legal limit is 0.08 and his was 0.13.....
I suspect your friend was downplaying his drinking activities and how much he had to drink when he told you what happened. A reading of 0.13 BAC is really impaired and likely more than just 5 or 6 beers. Probably more like 8 or 9 or maybe more depending on how much he weighs. In any case it sounds like he was slamming the beers back (binge drinking) to get a BAC that high in such a short period of time.
Without all the REAL facts and not knowing if there have been previous offenses it's hard to say if getting a lawyer will help him get a reduced sentence. He knew better and had to have known he was impaired but he drove anyway and with a BAC that high and then driving ...... there is no doubt in my mind that he will be sentenced. In Canada drinking and driving is a very serious offense.
A person convicted for any drinking and driving offence (which includes a refuse to comply offence) faces an automatic Canada-wide driving prohibition, and either a fine or jail sentence and the possibility of probation.
For a first offence, a $1000 fine and a 12-month driving prohibition,
For a second offence, 30 days of jail and a 24-month driving prohibition, and
For a third or subsequent offence, 120 days of jail and a 36-month driving prohibition.
Drinking and driving offences are prior offences for refuse to comply offences, and vice versa.[10] If no one is killed or hurt, and the prosecutor is proceeding by summary conviction, the maximum sentence is 18 months of jail. If no one is killed or hurt, and the prosecutor is proceeding by indictment, the maximum sentence is 5 years of jail.[10]
If another person suffers bodily harm because of the offence, the maximum sentence is 10 years in jail.[10]
If another person is killed because of the offence, the maximum sentence is a life sentence.[10]
If a person is convicted of both impaired operation/care or control and operation/care or control with a BAC in excess of 0.08 percent, the defendant can only be sentenced for one of the offences (the prosecutor chooses which one).[12] The same does not apply if a person is also convicted of a refuse to comply offence.
A province is allowed to set up special ignition interlock device programs specifically to limit criminal driving prohibitions. Not all provinces have such specific programs, but if they do, and a person is enrolled in one, then they can drive during their prohibition period with an interlock device, beginning as follows:
For a first offence, 3 months after the day of sentence,
For a second offence, 6 months after the day of sentence, and
For a third offence or subsequent offence, 12 months after the day of sentence.
Driving otherwise while on a driving prohibition is a criminal offence.
He will get sentenced and charged accordingly. What will be the worst part is to find out if his insurance will drop him and inability to get car insurance coverage with other insurers.
In Canada, the laws are strict. After some time, a special car insurance will take him but he will be paying probably more then double for coverage.
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