by admin | Jan 16, 2025 | Best Lawyers in Edmonton, Blog, Drug Charges Lawyer, DUI, DWI, Impaired Driving Lawyers
Facing a DUI or DWI charge can be overwhelming, especially with confusing legal terminology.
While both offences relate to impaired driving, their distinctions can significantly impact your case outcome, potential penalties, and defence strategy.
Our experienced DUI Lawyers in Edmonton have successfully handled thousands of these cases, and we’re here to help you understand the crucial differences that could affect your future.
Defining DUI and DWI
A DUI (Driving Under the Influence) typically refers to operating a vehicle while impaired by alcohol or drugs, with blood alcohol content (BAC) being a key factor. DWI (Driving While Impaired/Intoxicated) can have different meanings depending on your jurisdiction.
In some states, DWI specifically relates to drug-induced impairment, while in others, it’s used interchangeably with DUI. Our legal team has extensive experience handling both cases, understanding the nuances that can significantly impact the outcome.
State-by-State Variations
We’ve observed that the interpretation and severity of these charges vary significantly by state. Some jurisdictions treat DWI as a more serious offense, while others consider them equivalent.
The key factor isn’t necessarily the terminology but rather the specific circumstances and level of impairment involved. Additionally, some states use alternative terms like OWI (Operating While Intoxicated) or DWAI (Driving While Ability Impaired) to describe similar offenses.
Impact on Your Future
Whether charged with DUI or DWI, the consequences can be severe. Our experience shows that either charge can result in:
- License suspension or revocation, often beginning immediately after arrest
- Substantial fines and legal fees that can reach thousands of dollars
- Mandatory installation of ignition interlock devices at your own expense
- Potential jail time, especially for repeat offenders
- Insurance rate increases averaging 95%, lasting several years
- Long-term impact on employment opportunities and professional licenses
- Mandatory alcohol education and treatment programs
- Travel restrictions, particularly to foreign countries
Legal Blood Alcohol Content Limits
While the federal BAC limit is 0.08%, we’ve seen cases where drivers face charges with lower levels, especially if other signs of impairment are present. Some states have adopted stricter standards, particularly for commercial drivers (0.04%) and those under 21 (often 0.00-0.02%). Our firm stays current with changing BAC regulations and how they affect our clients’ cases.
Beyond Alcohol: Drug-Related Impairment
Modern impaired driving cases often involve substances beyond alcohol. We frequently handle cases involving:
- Prescription medications, even when taken as directed
- Marijuana and other recreational drugs, including in states where they’re legal
- Over-the-counter medications that cause drowsiness
- Combinations of substances that can amplify impairment
- New and emerging substances that may not be covered by traditional testing
Defending Against These Charges
When working with clients facing DUI or DWI charges, we focus on several key aspects:
- The lawfulness of the traffic stop and the justification of probable cause
- Accuracy of field sobriety tests and testing conditions
- Proper calibration and maintenance of testing equipment
- Blood and urine test verification process
- Constitutional rights during the arrest process
- Medical conditions that might affect test results
- Timeline of events and procedural violations
The Path Forward
At Kolinsky Law, we understand that good people can make mistakes. If you’re facing DUI or DWI charges, the most crucial step is securing experienced legal representation immediately.
Early intervention often leads to better outcomes, whether through charge reduction, alternative sentencing, or case dismissal. Our track record demonstrates our ability to navigate these complex cases successfully. Contact the Best Impaired Driving Lawyers Edmonton today!
Your Next Steps
Understanding the difference between DUI and DWI is essential, but what’s more critical is taking immediate action to protect your rights.
Contact our experienced team at Kolinsky Law for a confidential consultation to discuss your situation and explore your legal options. Remember, your decisions in the first 24 hours after an arrest can significantly impact your case’s outcome.
by admin | Dec 25, 2024 | Best Criminal Lawyer, Best Lawyers in Edmonton, Blog, Drug Charges Lawyer
At Kolinsky Law, we regularly see how drug charges can create lasting ripples throughout a person’s life. Whether you’re facing possession charges or more serious trafficking allegations, understanding the long-term consequences of drug charges is crucial for making informed decisions about your defence.
Understanding Drug Charge Classifications
Canadian law categorises drug offences based on several factors. Simple possession charges typically involve smaller amounts of drugs for personal use, carrying lighter penalties but still serious consequences.
Possession for the purpose of trafficking involves larger quantities or evidence suggesting intent to sell, while trafficking charges apply to selling, transporting, or distributing controlled substances. Production charges relate to growing, manufacturing, or creating illegal substances.
Impact on Personal Life
Drug charges often strain family relationships, friendships, and social connections. The stigma associated with these charges can affect housing opportunities, custody arrangements, and community involvement. Many of our clients find that professional support and legal guidance are essential for navigating these personal challenges.
Immediate Legal Consequences
When facing drug charges, the immediate impacts can be severe. Depending on the substance and quantity involved, you may face jail time ranging from months to years.
Substantial fines can strain your financial resources, while court-mandated drug treatment programs and regular check-ins with probation officers become part of your daily routine. Travel restrictions within and outside Canada may also be imposed, limiting your movement and opportunities.
Long-Term Employment Effects
Drug convictions can significantly impact your career prospects. Many employers conduct criminal record checks and may hesitate to hire individuals with drug convictions.
Professional licenses and certifications may be denied or revoked, while government positions and security clearances become extremely difficult to obtain. Cross-border business travel restrictions can severely limit career growth and opportunities in international companies.
Immigration and Travel Consequences
For both citizens and non-citizens, drug convictions create serious travel complications. Permanent residents may face deportation proceedings, while entry into the United States becomes extremely difficult or impossible.
International travel restrictions may apply, affecting both business and personal plans. Visa applications for other countries often face increased scrutiny or outright denial.
Future Opportunities and Rehabilitation
At Kolinsky Law, we understand the importance of protecting your future opportunities. Our defence strategies often focus on seeking alternative sentencing options that emphasise rehabilitation.
We pursue charge reductions or withdrawals where possible, explore diversion programs for eligible cases, and advocate for conditional sentences that minimise the impact on your record.
Steps Toward Resolution
Early intervention is crucial in drug cases. Our Drug Defence Lawyers in Edmonton challenge the legality of searches and seizures, question the handling and testing of evidence, and explore rehabilitation options that courts view favourably.
We develop comprehensive strategies for preserving your future opportunities while addressing the immediate legal challenges you face.
Having defended numerous clients against drug charges, we understand everyone deserves a second chance. With proper legal representation, many clients have successfully moved past their charges and rebuilt their lives.
If you’re facing Drug Charges in Canada, reach out for a confidential consultation to discuss your options and potential defence strategies.
by admin | Apr 30, 2024 | Blog, Drug Charges Lawyer
At Kolinsky Law, we understand that drug charges come with a lot of stress and uncertainty. Located in Edmonton, we specialize in criminal defense with a focus on drug-related offenses. Whether you’re facing minor possession or serious trafficking charges, here’s what you can expect and how best to prepare for your defense.
Understanding the Charges and Initial Steps
Drug offenses in Canada range widely from simple possession to more severe charges like trafficking and production. In Edmonton, the legal repercussions can be significant. Initially, understanding the specific charges against you is crucial. This includes knowing whether the charge is under federal or provincial law, as this can impact both the strategy of your defense and the severity of the penalties.
What Happens After an Arrest?
Following an arrest for a drug charge, you will likely face a bail hearing. Drug offenses often have more stringent bail conditions compared to other crimes. Unlike most offenses where the Crown needs to justify why you should be held, with drug charges, the onus often shifts to the defendant to prove why they should be released. Preparation for this hearing is critical, and having an Experienced Drug Lawyer in Edmonton can make a significant difference in achieving a favorable outcome.
Preparing Your Defense
At Kolinsky Law, our approach to defending drug charges involves a comprehensive strategy tailored to the specifics of your case. Preparation includes:
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- Gathering Evidence: Collecting all relevant information from police reports, witness statements, and any surveillance footage. Understanding the evidence against you is the first step in forming a robust defense.
- Examining the Legality of the Search and Seizure: Many drug charges hinge on how evidence was obtained. If there was an unlawful search or seizure, this could be a cornerstone of your defense. We scrutinize the details surrounding any searches of your person, vehicle, or property to ensure your rights are not violated.
- Exploring Defenses: Defenses like entrapment, mistaken identity, or lack of possession may be relevant. For instance, entrapment occurs when law enforcement induces someone to commit an offense they otherwise would not have committed.
- Stay Informed and Involved: Active involvement in your defense plays a critical role in the outcome of your case. At Kolinsky Law, we encourage our clients to be as informed and engaged as possible throughout the legal process. Understanding the charges, the legal proceedings, and the potential consequences helps in making informed decisions about your case.
- Plan for All Possible Outcomes: While we strive to achieve the best possible result, it’s prudent to plan for all potential outcomes, including the possibility of incarceration. Preparing for such outcomes involves discussing with your lawyer the potential for sentence mitigation and exploring all avenues for appeal if the verdict is not in your favor.
Why Choose Kolinsky Law?
Choosing the right Drug Charges Lawyer in Edmonton can significantly impact the course of your defense. At Kolinsky Law, our expertise in drug-related offenses is backed by a deep understanding of both the local legal landscape and broader legal precedents. Our proactive defense strategies are tailored to each client’s unique situation, ensuring the best defense possible. Our team’s commitment extends beyond just legal representation — we offer support and guidance to help you navigate this challenging time with dignity and resilience.
by admin | May 29, 2020 | Best Criminal Lawyer, Best Lawyers in Edmonton, Criminal Defence Lawyer, Criminal Lawyers, Drug Charges Lawyer
Drug charges are very serious. While many people believe that possessing a small amount of an illegal substance or recreational usage of illegal substances won’t do any harm, they are greatly mistaken. When someone is convicted of a criminal offence under the Controlled Drugs and Substances Act (CDSA), it can have significant consequences on their lives in many ways from social stigma, to travel and employment.
The most significant way their lives can be affected is not being able to obtain employment. Most, if not all jobs require background checks and require a clean record to be maintained. Therefore, a conviction such as drug trafficking will jeopardize their ability to get or maintain a job, and could destroy their careers. There may also be consequences for international travel. While drug trafficking offences should not affect domestic travel, every country has its own laws and eligibility criteria for entry.
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Which substances are listed in the CDSA?
The CDSA lists a variety of illegal substances including opium, heroin, cocaine morphine, Marijuana, methadone, “magic mushrooms” and more. These substances are completely banned in Canada. Possession of these substances in any amount is illegal.
Not all Drug Offenses are Considered Equal
There are different levels of drug-related offences under the CDSA. The courts generally distinguish between the levels based on their seriousness.
- Simple Possession
- Possession for the Purpose of Trafficking
- Trafficking
- Importing and Exporting
- Production
If convicted of one of the above offences, the sentence you receive will be determined based on several factors including:
- The offender’s prior record
- The offender’s level in the drug organization
- Number of transactions (sales)
- Whether the offense was planned in detail or out of impulse
- Quantity seized
- The type of drugs trafficked and whether it was one or more types.
It is important to note: sympathy from courts may be more likely given if the offender is supporting an addiction. Where the offender is not addicted, there may be less sympathy.
What is the Process When Charged with Drug Trafficking?
After being arrested and taken to the police station, the police will do one of two things. Either they will hold an offender in custody or release them. It is important that an experienced criminal lawyer is contacted at this point.
If the offender is released from the custody of the police, they will be given a notice as to when they must next appear in court. The trial will be scheduled for a future date.
What You Should Know About Crown Prosecutors who deal with drug offences
The Crown Attorney’s Office prosecutes almost all criminal offenses in Canada. However, drug-related offences are prosecuted by the Public Prosecution Service of Canada. This means that drug prosecutors are more knowledgeable and more specialized in prosecuting drug-related offences.
How to Beat Drug Charges
In order for the accused to be charged with a drug-related offence, the Crown must prove without a doubt:
- That the accused was actually in possession of the prohibited drug
- That they knew the drug they possessed was prohibited
- That they intended to possess the prohibited drug
- That the drug is actually prohibited under the CDSA
The best way to beat a drug trafficking charge is to hire a criminal lawyer at the earliest possible chance. Criminal lawyers are experts in their field and can help to get the best possible result for the accused.
How Can Kolinsky Law Help?
The criminal lawyers at Kolinsky Law are knowledgeable and will be able to help you navigate the process from arrest to trial. Being charged with a criminal offence is a life-changing event that you will not have to face alone. The goal of our practice is to help you avoid criminal convictions and avoid any result that will be detrimental to your life and your future.
