Quick Guide On DUI and Assault Charges
Hi everyone, my name is Harjot, and I’m Tarek. We’re students at law at Elaw Alliance. I started my studies at the University of Leicester in 2019 and graduated in 2021. I’m originally from Calgary, and when I’m not working, I enjoy exploring new restaurants and trying different foods. I began my articling in January, and I’m aiming to pass my bar exam by September of this year.
I’m also a student at law and have been with Elaw Alliance for the last 10 months. I’m expecting to cross the bar in September as well. I graduated from Bond University in 2020, right before the pandemic really hit, so I was fortunate to finish just in time. Like Harjot, I had to complete seven exams to get to where I am today.
Today, we’ll be discussing some legal aspects of DUI charges in Alberta and also touch on assault charges, and what to do if you need Edmonton Help With DUI and Assault Charges. I’ll let Harjot kick things off with DUI laws.
Understanding DUI Charges in Alberta
In Alberta, a blood alcohol content (BAC) of 0.08 or higher attracts criminal charges. However, Alberta’s provincial laws also address impaired driving seriously. BAC levels between 0.05 and 0.08 can result in immediate license suspension. The consequences of DUI charges can be life-altering. A conviction can lead to imprisonment, heavy fines, license suspensions, and a criminal record. Additionally, insurance premiums often skyrocket after a DUI charge, and it could even affect your employment prospects.
Let’s not forget about cannabis. Since the Cannabis Act was passed in 2018, driving under the influence of cannabis is treated similarly to drunk driving, with penalties that can be just as severe. If you’re pulled over on suspicion of impaired driving, remember to exercise your right to remain silent to avoid self-incrimination. While you must provide your license, registration, and proof of insurance, you are not required to answer any questions about where you’ve been or what you’ve consumed.
Being charged with a DUI is just the start of a long legal process that may involve court hearings, legal negotiations, and potential penalties. It’s crucial to seek legal advice immediately, for Edmonton Help With DUI and Assault Charges as a skilled lawyer can guide you through the intricate legal system. The best way to avoid a DUI charge? Don’t drink and drive, and definitely don’t smoke cannabis and drive. Instead, plan ahead by assigning a designated driver, using public transportation, or opting for ride-sharing services like Uber.
Alcohol Consumption and Driving
Thanks, Harjot, that was very insightful. I’d like to add that in Canada, it’s permissible to have some alcohol and still get behind the wheel. However, as Harjot mentioned, you must be aware of your BAC level. This can vary for everyone—for example, someone could have three beers and still be under the limit, while someone else could have two beers and be over the limit. It’s essential to exercise caution and discretion, knowing your limits.
You could even take extra precautions by purchasing a personal BAC tester from a gas station to check your level before driving. This ensures you’re not compromising yourself legally and protects everyone else on the road. If you do need Edmonton Help With DUI and Assault Charges, contact us at eLaw Alliance for a consultation to find out how we can help you!
Switching Gears: Assault Charges in Canada
Now, let’s switch gears and talk about assault law in Canada. Assault isn’t just about physical harm; it involves intentionally applying force to another person without their consent or causing that person to fear that you might apply force. Even threatening someone with harm, if the threat is immediate, can constitute assault, even if no physical contact is made.
Types of Assault
Let’s discuss three different types of assault:
- Aggravated Assault: This is one of the most serious forms of assault, involving actions like wounding, maiming, disfiguring, or endangering the life of the victim. Aggravated assault carries a maximum penalty of up to 14 years in prison.
- Sexual Assault: This type of assault involves compromising the victim’s integrity in a sexual way. The nature of the assault can vary widely, but its impact is usually deeply traumatic. Penalties for sexual assault can affect your employment prospects and your liberty, depending on the crime’s severity.
- Simple Assault: Simple assault charges carry a wide range of penalties, from a fine of up to $5,000 to six months of imprisonment on a summary conviction. However, if the Crown chooses to proceed by indictment, the maximum penalty can be up to five years in prison. The sentence varies widely depending on the specific circumstances of the case.
Defending Against Assault Charges
Defending yourself against an assault charge can be daunting, but remember that you have rights. Some defenses include self-defense or defense of another person. These defenses can apply in various circumstances. Other defenses involve consent or a mistaken belief in consent, which are more complicated and usually apply in cases involving sexual assault.
Another defense could be that the contact made was within the realm of normal expected contact. For example, if you’re at a crowded event and someone bumps into you, that contact is expected and wouldn’t constitute assault.
Intersection of Criminal and Family Law
As Tarek mentioned earlier, if you’re ever charged with a criminal assault or a DUI and are also dealing with a family law case, such as a divorce involving parenting arrangements or child custody issues, it could impact the family law aspect as well. Make sure to inform your lawyer if you’re dealing with something like this, as it could definitely affect your case.
For example, if your DUI results in a suspended license, it might make it difficult for you to access your visitation rights, especially if you have supervised visits. Similarly, a criminal assault charge, particularly if it involves your partner, could affect your access to your children, possibly requiring supervised visits or even limiting your access entirely.
Conclusion
I want to thank you for joining us today and remind you that here at eLaw Alliance, we’re here to support you. If you’re facing charges related to a DUI, an assault, or even a family matter connected to an assault, we’re here to help. Harjot and I are well-equipped, and we have a very knowledgeable managing partner, Janan Jarrah, who has been practicing in both family and criminal law for 16 years. We have the resources to help you navigate the complex legal processes for both DUIs and assaults here in Alberta.
Thank you, and we hope you found this video helpful. We offer free consultations over the phone. You can reach us at 780-665-4955. Bye, and see you next time!