Have you been Charged with Driving Under the Influence in Saskatchewan? We can help!

March 3, 2023

Driving under the influence of alcohol or drugs is a serious offense that can lead to severe legal consequences. In Saskatchewan, Canada, impaired driving charges are particularly strict, and those who are charged with drinking and driving can face hefty fines, license suspension, and even imprisonment. If you are charged with impaired driving in Saskatchewan, it is important to seek legal representation to ensure that your rights are protected and that you have the best possible chance of a positive outcome.

As a responsible citizen, it is imperative to understand the laws and regulations in your province. In Saskatchewan, Canada, one of the most serious charges you can face as a driver is impaired driving or driving under the influence of alcohol. This offense can lead to severe legal consequences and is not something to be taken lightly. In this article, we will discuss what you should do if you are charged with drinking and driving in Saskatchewan and provide information on the law related to this offense, including “failure to blow.”

Impaired driving is a serious criminal offense in Saskatchewan, and if you are charged with it, you could face a number of legal consequences, including heavy fines, license suspension, and even imprisonment. The criminal code of Canada defines impaired driving as operating a motor vehicle while the ability to do so is impaired by alcohol or drugs. The most common substance used is alcohol, and in Saskatchewan, a blood alcohol content (BAC) of 0.08 or above is considered impaired driving.

If you are charged with impaired driving, the first and most important thing to do is to seek legal representation. A qualified lawyer can help you understand the charges against you and advise you on the best course of action. While there are no guarantees when it comes to legal outcomes, having a lawyer on your side can help ensure that your rights are protected and that you have the best possible chance of a positive outcome.

In Saskatchewan, impaired driving charges are often accompanied by a breathalyzer test. This test measures your blood alcohol content and is used to determine if you are legally impaired. If you refuse to take a breathalyzer test, this can result in additional charges and penalties. This is known as “failure to blow,” and it is a serious offense in its own right.

Under Saskatchewan’s impaired driving laws, if you refuse to take a breathalyzer test, you can be charged with a criminal offense. The penalties for this offense can include fines, license suspension, and even imprisonment. If you are charged with failure to blow, it is important to seek legal representation as soon as possible.

If you are charged with impaired driving, there are a number of potential legal outcomes. In Saskatchewan, the consequences of impaired driving depend on a variety of factors, including the severity of the offense, whether it is a first offense, and whether anyone was injured or killed as a result of the offense. In general, penalties for impaired driving can include fines, license suspension, and even imprisonment.

One of the key factors in any impaired driving case is the defendant’s blood alcohol content (BAC). In Saskatchewan, a BAC of 0.08 or above is considered impaired driving, while a BAC of between 0.05 and 0.08 is considered “warn range.” If you are caught driving with a BAC in the warn range, you can still face penalties, including license suspension and fines.

If you are charged with impaired driving in Saskatchewan, it is important to understand your legal rights and the potential consequences of your actions. A qualified lawyer can help you navigate the legal system and provide you with the advice and guidance you need to make informed decisions about your case.

In conclusion, impaired driving is a serious offense in Saskatchewan, and if you are charged with it, the consequences can be severe. If you are charged with drinking and driving in Saskatchewan, it is important to seek legal representation as soon as possible. A qualified lawyer can help you understand the charges against you, protect your legal rights, and provide you with the advice and guidance you need to navigate the legal system. Remember, impaired driving is a serious offense, and it is not something to be taken lightly.

About Our Law Firm

Our law firm is dedicated to providing quality legal representation to our clients. We have a team of experienced lawyers who specialize in criminal defence cases, including drinking and driving charges. Our lawyers have a proven track record of successfully representing clients who are facing impaired driving charges, and we are committed to providing our clients with the best possible legal representation.

Our hourly rates are approximately $500 per hour, and we offer a range of services to our clients, including legal representation in court, negotiating with prosecutors, and providing legal advice and guidance throughout the legal process. We understand that impaired driving charges can be stressful and overwhelming, and our goal is to provide our clients with the support and guidance they need to navigate the legal system successfully.

What to Do If You Are Charged with Drinking and Driving in Saskatchewan

If you are charged with drinking and driving in Saskatchewan, there are several important steps you should take. The first and most important step is to seek legal representation. A qualified lawyer can help you understand the charges against you and advise you on the best course of action.

When you contact our law firm, we will set up an initial consultation to discuss your case. During this consultation, we will gather information about the charges against you, explain the legal process, and provide you with an estimate of the costs associated with our services. We understand that legal fees can be a concern for many clients, and we are committed to providing transparent and fair pricing for our services.

Once we have a clear understanding of your case, we will develop a legal strategy that is tailored to your specific needs. This strategy may include negotiating with prosecutors, representing you in court, or providing legal advice and guidance throughout the legal process. Our goal is to ensure that you have the best possible chance of a positive outcome and that your rights are protected throughout the legal process.

The Law on Impaired Driving Charges in Saskatchewan

Impaired driving is a serious criminal offense in Saskatchewan, and the penalties for this offense can be severe. The criminal code of Canada defines impaired driving as operating a motor vehicle while the ability to do so is impaired by alcohol or drugs. In Saskatchewan, a blood alcohol content (BAC) of 0.08 or above is considered impaired driving.

If you are charged with impaired driving, it is important to understand the potential legal consequences. The penalties for impaired driving in Saskatchewan can vary depending on a variety of factors, including the severity of the offense, whether it is a first offense, and whether anyone was injured or killed as a result of the offense.

The potential consequences of impaired driving charges in Saskatchewan can include fines, license suspension, and even imprisonment. For a first offense, the penalty can include a fine of up to $1,000, a license suspension of one year, and the possibility of imprisonment for up to three months. For subsequent offenses, the penalties can be even more severe, including fines of up to $2,000, license suspensions of up to five years, and the possibility of imprisonment for up to five years.

How Our Law Firm Can Help

If you are charged with drinking and driving in Saskatchewan, our law firm can provide you with the legal representation and guidance you need to navigate the legal system successfully. Our team of experienced lawyers has a thorough understanding of the law related to impaired driving charges, and we can develop a legal strategy that is tailored to your specific needs.

Our services include legal representation in court, negotiating with prosecutors, and providing legal advice and guidance throughout the legal process. We are committed to providing our clients with the best possible legal representation and ensuring that their rights are protected throughout the legal process.

In addition to our legal services, we also offer transparent and fair pricing for our services. Our hourly rates are approximately $500 per hour, and we are committed to providing our clients with clear and upfront pricing for our services. We understand that legal fees can be a concern for many clients, and we are dedicated to providing affordable and high-quality legal representation.

Defences are possible!

Defenses that can beat charges and win at trial for impaired driving charges in Saskatchewan can vary depending on the specific circumstances of the case. However, there are several common defences that can be used, including challenging the reliability of the breathalyzer test results, arguing that the police did not have reasonable grounds to suspect impaired driving, and challenging the constitutionality of the traffic stop or arrest.

Challenging the Reliability of the Breathalyzer Test Results

One common defence strategy in impaired driving cases is to challenge the reliability of the breathalyzer test results. In Saskatchewan, the breathalyzer test is used to measure a driver’s blood alcohol content (BAC), and a BAC of 0.08 or above is considered impaired driving.

However, the reliability of the breathalyzer test results can be challenged on several grounds, including:

Calibration: The breathalyzer machine must be properly calibrated and maintained to ensure that the test results are accurate. If there is evidence that the machine was not properly calibrated or maintained, this can be used to challenge the reliability of the test results.
Interference: External factors such as mouthwash, gum, or medical conditions can interfere with the breathalyzer test results, leading to falsely high readings. This can also be used to challenge the reliability of the test results.
Improper Testing Procedures: If the police did not follow proper testing procedures during the breathalyzer test, this can be used to challenge the reliability of the test results.

Challenging the Reasonable Grounds to Suspect Impaired Driving

Another defence strategy in impaired driving cases is to challenge the reasonable grounds to suspect impaired driving. Under Canadian law, the police must have reasonable grounds to suspect impaired driving before they can make an arrest or demand a breathalyzer test.

If there is evidence that the police did not have reasonable grounds to suspect impaired driving, this can be used to challenge the validity of the arrest and the subsequent breathalyzer test.

Challenging the Constitutionality of the Traffic Stop or Arrest

Finally, another defence strategy in impaired driving cases is to challenge the constitutionality of the traffic stop or arrest. Under Canadian law, the police must have a valid reason to stop a vehicle, and they must follow proper arrest procedures.

If there is evidence that the traffic stop or arrest was not conducted properly or was unconstitutional, this can be used to challenge the validity of the arrest and the subsequent breathalyzer test.

Case Law Precedents and Applicable Statutes

There are several case law precedents and applicable statutes that support these defence strategies in impaired driving cases in Saskatchewan.

For example, in the case of R. v. Villota, 2017 SKQB 271, the court held that the reliability of breathalyzer test results can be challenged on several grounds, including calibration, interference, and improper testing procedures.

In the case of R. v. Ladouceur, 2019 SKQB 149, the court held that the police must have reasonable grounds to suspect impaired driving before they can demand a breathalyzer test. If there is evidence that the police did not have reasonable grounds to suspect impaired driving, this can be used to challenge the validity of the arrest and the subsequent breathalyzer test.

Finally, under the Canadian Charter of Rights and Freedoms, individuals have the right to be free from unreasonable search and seizure. If there is evidence that the traffic stop or arrest was unconstitutional, this can be used to challenge the validity of the arrest and the subsequent breathalyzer test.

In conclusion, there are several defence strategies that can be used to beat charges and win at trial for impaired driving charges in Saskatchewan. These defences can include challenging the reliability of the breathalyzer test results, challenging the reasonable grounds to suspect impaired driving, and challenging the constitutionality of the traffic stop or arrest. It is

How about the “last drink” defence?

The “last drink” defence is a defence strategy that is sometimes used in impaired driving cases to challenge the reliability of the breathalyzer test results. This defence argues that the driver consumed alcohol just prior to driving, and that the breathalyzer test results do not accurately reflect the driver’s blood alcohol content (BAC) at the time of driving.

Under Canadian law, a driver can be charged with impaired driving if their BAC is over the legal limit of 0.08 at the time of driving. However, the breathalyzer test measures the driver’s BAC at the time of the test, which may be several minutes or even hours after the driver stopped driving.

The “last drink” defence argues that the driver’s BAC may have been below the legal limit at the time of driving, but increased after the driver consumed alcohol just prior to the breathalyzer test. This can be caused by a phenomenon known as “mouth alcohol,” which occurs when alcohol from the last drink consumed remains in the mouth and affects the breathalyzer test results.

While the “last drink” defence can be effective in some cases, it is not always a guaranteed defence strategy. In some cases, the defence may be challenged by the prosecution or the court, and it may be difficult to prove that the driver’s BAC was below the legal limit at the time of driving.

It is also important to note that the “last drink” defence does not absolve the driver of responsibility for consuming alcohol prior to driving. Even if the driver’s BAC was below the legal limit at the time of driving, they may still be charged with other offenses, such as driving while impaired, if they exhibited signs of impairment while driving.

In summary, the “last drink” defence can be a viable defence strategy in impaired driving cases, but it is not a guaranteed defence and should be used in conjunction with other defence strategies. It is important to seek legal advice from a qualified lawyer if you are facing impaired driving charges in Saskatchewan.

Mitigating Factors in Sentencing

A skilled and experienced trial lawyer can play a crucial role in reducing a client’s sentence by arguing mitigating factors. Mitigating factors are circumstances that may have contributed to the offense or show that the offender deserves a lower sentence. Examples of mitigating factors in impaired driving cases may include a lack of prior criminal history, sincere remorse, and participation in alcohol or drug treatment programs.

Here are some ways a skilled and experienced trial lawyer can help argue mitigating factors to persuade the sentencing judge or the prosecutor in a plea bargain to go lightly on the penalty:

Conducting a thorough investigation: A skilled trial lawyer will conduct a thorough investigation of the case, including gathering evidence, reviewing police reports, and interviewing witnesses. This investigation can help identify mitigating factors that can be used to reduce the client’s sentence.
Developing a mitigation strategy: Based on the investigation, the trial lawyer can develop a mitigation strategy that focuses on the client’s strengths and positive aspects of their character. This can include highlighting the client’s community involvement, employment history, or educational achievements.
Presenting mitigating evidence: The trial lawyer can present mitigating evidence to the sentencing judge or the prosecutor, either in court or during plea negotiations. This evidence can include witness testimony, character letters, and documentation of the client’s participation in treatment programs.
Negotiating a plea bargain: In some cases, the trial lawyer may negotiate a plea bargain with the prosecutor that includes a reduced sentence in exchange for a guilty plea. The lawyer can argue mitigating factors during plea negotiations to persuade the prosecutor to offer a more favorable plea bargain.
Arguing mitigating factors at sentencing: If the case goes to trial and the client is convicted, the trial lawyer can argue mitigating factors at sentencing. The lawyer can present evidence and testimony that highlights the client’s positive aspects and argues for a lower sentence.

Even if full defences to achieve an acquittal are unavailable, a skilled and experienced trial lawyer can play a critical role in reducing a client’s sentence by arguing mitigating factors. By conducting a thorough investigation, developing a mitigation strategy, presenting mitigating evidence, negotiating a plea bargain, and arguing mitigating factors at sentencing, a trial lawyer can help persuade the sentencing judge or the prosecutor to go lightly on the penalty. It is important to seek legal advice from a qualified lawyer if you are facing impaired driving charges in Saskatchewan to ensure that your rights are protected and that you have the best possible chance of a positive outcome.

Conclusion

Drinking and driving charges in Saskatchewan are a serious offense that can lead to severe legal consequences. If you are charged with impaired driving, it is important to seek legal representation to ensure that your rights are protected and that you have the best possible chance of a positive outcome. Our law firm is dedicated to providing quality legal representation to our clients, and we are committed to ensuring that their rights are protected throughout the legal process. Contact us today to schedule an initial consultation and to learn more about how we can help with your impaired driving charges.

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About Donald I.M. Outerbridge

Donald became the Executive Director of Merchant Law Group LLP starting in 1993, nearly 30 years ago. His experience managing law firms at various levels and in multiple provinces across Canada goes back even further to 1981.

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