
Being charged with driving under the influence (DUI) in Newfoundland and Labrador can be overwhelming, but it’s important to understand that a charge is not the same as a conviction. Admitting guilt may seem like the quickest way to move on, but doing so could leave you with a permanent criminal record, loss of driving privileges, and more. That’s why seeking guidance from an experienced DUI lawyer is critical. At Orr Cabot Crosbie Oley (OCCO Law), we are committed to ensuring that your rights are protected and that you receive a fair trial.
Fortunately, DUI charges can be defended, and there are legitimate legal defences available that aim to protect your rights and ensure justice is administered fairly. At Orr Cabot Crosbie Oley (OCCO Law), we understand the importance of upholding due process and ensuring that law enforcement adheres to strict legal standards. These defences are not merely technicalities—they are essential safeguards that protect individuals from wrongful convictions, unlawful evidence gathering, and violations of rights. Our goal is to ensure that every case is handled according to the rule of law, ensuring that our clients receive a fair and just legal process.
In this blog, we will explore several possible defences that may be available in DUI cases, demonstrating how an experienced DUI lawyer can help you challenge the charges and protect your future.
Defences Against DUI Charges in Newfoundland and Labrador
Defending against a DUI charge requires a thorough understanding of both the law and the procedures followed by law enforcement. At OCCO Law, we explore every potential defence and legal strategy available to minimize the impact of the charge on your life.
Challenging Breathalyzer Results
Breathalyzer machines must be properly maintained and regularly calibrated. If there are issues with the machine’s maintenance or if the test was not conducted within the required time frame, the results may not be reliable. This is especially important as any blood alcohol content (BAC) tests conducted more than two hours after you stopped driving are legally questionable. At OCCO Law, we scrutinize these details to ensure the breathalyzer evidence holds up in court.
Field Sobriety Test Inaccuracies
Field sobriety tests are often used by law enforcement to determine impairment at the scene. However, these tests can be affected by factors like uneven road surfaces, medical conditions, or fatigue, which could result in inaccurate assessments of impairment. Our team examines the administration of these tests, ensuring they were conducted fairly and correctly.
Procedural Violations
Procedural violations are a common yet critical issue in many DUI cases. From the moment you’re pulled over to the time you’re processed, law enforcement officers are required to follow strict legal procedures to protect your rights. Any failure to do so can result in key evidence being ruled inadmissible, or in some cases, the entire case being dismissed. At OCCO Law, we pay close attention to these violations, as they are often overlooked but can make a significant difference in the outcome of your case.
One of the most crucial aspects of a DUI arrest is your right to counsel. Under the Canadian Charter of Rights and Freedoms, you have the right to speak to a lawyer without delay after your arrest. Police officers must inform you of this right and give you the opportunity to consult with a lawyer before proceeding with any questioning or administering tests like the breathalyzer. If this right is denied or delayed, any evidence gathered afterward may be considered inadmissible in court, as it was obtained in violation of your Charter rights.
Additionally, officers must also inform you of your right to remain silent. If they fail to do so and you make incriminating statements without understanding your rights, this can be grounds for challenging the validity of your statements in court.
Another common procedural violation involves the administration of breathalyzer tests. These tests must be administered within a specific time frame (usually within two hours of driving) and conducted according to strict protocols. If the breath test is delayed or improperly handled—whether due to machine calibration issues, improper training, or officer error—the results could be rendered unreliable. Even small deviations from the prescribed process can make the evidence inadmissible.
Finally, officers must handle documentation and evidence collection according to strict guidelines. From issuing you a certificate confirming your blood alcohol content (BAC) to maintaining a chain of custody for blood samples, procedural errors in documentation can also serve as grounds for a legal challenge.
“Last Drink” Defence
In some cases, drivers may be stopped shortly after their last drink, meaning their BAC may still be rising at the time of testing. The “last drink” defence can challenge whether the alcohol was actually impairing your ability to drive at the time of the arrest. We will investigate whether this could be applicable to your case.
Medical Conditions and External Factors
Medical conditions, fatigue, or even certain medications can mimic the signs of impairment. These factors can lead to unfair DUI charges when no actual impairment was present. Our lawyers will explore whether these external factors played a role in your arrest and build a defence accordingly.
Protecting Your Future with an Experienced DUI Lawyer in Newfoundland
At Orr Cabot Crosbie Oley Law, we are dedicated to providing comprehensive and skilled DUI defence to individuals across Newfoundland and Labrador. Whether you’re facing charges in St. John’s or a rural community, our experienced team is here to stand by your side. We understand the serious consequences a DUI conviction can have on your life, and we are committed to helping you fight those charges with the strongest possible defence.
With a deep understanding of the complexities of DUI cases and a commitment to personalized legal strategies, we offer virtual consultations and flexible scheduling to ensure that your defence starts as soon as possible—no matter where you are. Our priority is to protect your rights and achieve the best possible outcome for your case.
Don’t leave your future to chance. Contact OCCO Law today for a free, confidential consultation, and let us help you take the first step toward protecting your rights and securing your future.