{"id":15928,"date":"2016-04-28T09:48:36","date_gmt":"2016-04-28T09:48:36","guid":{"rendered":"http:\/\/www.nationalpardon.org\/blog\/canadian-pardons\/dui-drunk-driving-driving-while-intoxicated-etc"},"modified":"2016-04-28T09:48:36","modified_gmt":"2016-04-28T09:48:36","slug":"dui-drunk-driving-driving-etc","status":"publish","type":"post","link":"https:\/\/staging.nationalpardon.org\/?p=15928","title":{"rendered":"Pardon for a DUI, DWI, Drunk Driving, Driving While Intoxicated, Etc."},"content":{"rendered":"

Get a Pardon for a DUI \u2013 The Most Common Charge<\/h1>\n

There are many names for a DUI. But whichever you choose you should know that it is the most commonly pardoned criminal conviction in Canada. The chances are good that you will be familiar with at least one or two of them. But whatever you want to call it the charge is the same and it involves operation of a motor vehicle while intoxicated by alcohol or drugs or anything else that impairs your judgement or dexterity.<\/p>\n

It could even just be cough medicine because if you are driving under the influence of anything you are breaking the law. This includes impair<\/p>\n

If you are arrest for a DUI you will charged under section 235 of the criminal code.<\/p>\n

For more information:<\/strong>
\nhttp:\/\/laws-lois.justice.gc.ca\/eng\/acts\/C-46\/section-253.html<\/p>\n

DUI in Canada<\/h1>\n

In Canada a DUI arrest is taken very seriously. In our experience it is almost unheard of to be found not guilty of a DUI.<\/p>\n

Interestingly the first arrest for a Canadian citizen for driving under the influence of alcohol goes all the way back to 1920 in the case of R. v. Nickle. <\/em>Although in this case the detais appear to be more serious that simply driving drunk since it was established that the act of driving intoxicated would support a manslaughter conviction.<\/p>\n

For more information:
\n<\/strong>http:\/\/allontario.ca\/2013\/05\/curious-facts-from-traffic-history\/<\/a><\/p>\n

The most recent legislative change to the law concerning impaired driving was passed in 2008 as a part of the Tackling Violent Crime Act.<\/p>\n

http:\/\/www.parl.gc.ca\/HousePublications\/Publication.aspx?Docid=3320180&file=4<\/a><\/p>\n

Alcohol Limits for a DUI Charge<\/h1>\n

Generally speaking a blood alcohol limit of .08 is the threshold where a DUI arrest will be made. However, if the subject being tested is close to the limit, but not over, the police have various options regarding enforcement. Those options vary from province to province.<\/p>\n

Going to Court for an impaired\u00a0Charge in Canada<\/h1>\n

In our experience it is extremely uncommon to be ground not guilty of a DUI charge in Canada. One of the things that makes it such a difficult charge to fight is that \u2013 by definition \u2013 you were impaired and therefore any testimony you provide immediately lacks credibility. This makes sense. A sober police officer performing his or her job while administering a breathalyser test has a lot more credibility than a drunk person charged with operating a motor vehicle. If you are charged for a DUI in Canada do not expect to be found not guilty. Although it\u2019s certainly possible, it is highly unlikely.<\/p>\n

Sentencing for a drunk driving charge<\/h1>\n