by admin | Aug 22, 2024 | Blog, DUI, Impaired Driving Lawyers
Breathalyzer tests have long been a cornerstone of law enforcement’s arsenal in combating drunk driving. However, as technology advances and our understanding of these devices deepens, new avenues for challenging their results have emerged. This article delves into the latest developments in breathalyzer technology, explores alternative methods of alcohol detection, and examines innovative legal strategies for contesting breathalyzer evidence in court.
Understanding these advancements can be crucial in mounting an effective defense for individuals facing DUI charges. At Kolinsky Law, our Best Lawyer in Edmonton for Impaired Driving remain at the forefront of these developments, constantly updating our knowledge and tactics to provide the best possible defense for our clients.
Understanding Breathalyzer Technology
Breathalyzers estimate blood alcohol concentration (BAC) by measuring alcohol content in exhaled breath. While widely used, these devices are not infallible. Common issues include:
- Calibration errors
- Environmental interference
- User error
- Medical conditions affecting results
- Residual mouth alcohol
Understanding these potential flaws is the first step in challenging breathalyzer results effectively.
New Technologies in Alcohol Detection
Advancements in technology have introduced more accurate methods of alcohol detection:
- Transdermal Alcohol Monitoring: Devices that detect alcohol through the skin
- Infrared Spectroscopy: More precise measurement of alcohol molecules
- Evidential Breath Testing (EBT) Devices: Advanced breathalyzers with improved accuracy
- Blood Testing Improvements: More reliable lab techniques for blood alcohol analysis
These new technologies often provide more accurate results and can be used to challenge traditional breathalyzer findings.
Edmonton Police Service Procedures and Potential Challenge Points in DUI Cases
| Aspect |
Police Procedure |
Potential Challenge Points |
| Equipment Management |
Certification, maintenance, and operation of alcohol-measuring instruments |
- Calibration records
- Maintenance logs
- Operator training and certification
|
| Officer Training |
In-service training on impaired driving offences and the use of alcohol-detecting instruments |
- Officer’s adherence to proper testing protocols
- Understanding of device limitations
|
| Checkstop Program |
Year-round program, sometimes involving joint operations |
- Legality of the stop
- Proper procedure during roadside checks
|
| Drug Recognition Experts |
Specially trained officers to identify drug-impaired drivers |
- Reliability of drug recognition techniques
- Officer’s qualifications and training
|
| Education and Awareness |
Provide information on alcohol effects and impaired driving consequences |
- Accuracy of public information
- Potential biases in educational materials
|
| Community Partnerships |
Liaison with groups like MADD |
- Influence on public Perception and jury pools
|
Legal Strategies for Challenging Breathalyzer Results
Modern defense strategies go beyond questioning the device’s accuracy. Some effective approaches include:
- Challenging the Stop: Questioning the legality of the initial traffic stop
- Examining Calibration Records: Scrutinizing device maintenance and calibration logs
- Expert Testimony: Utilizing scientific experts to explain technical flaws
- Rising BAC Defense: Arguing that BAC was lower while driving but rose by the time of testing
- Medical Condition Defenses: Presenting evidence of conditions that can affect breathalyzer results
- Procedural Violations: Identifying failures to follow proper testing protocols
At Kolinsky Law, we employ these strategies and more, tailoring our approach to each client’s unique circumstances.
Kolinsky Law’s Approach
At Kolinsky Law, we stay ahead of the curve in DUI defense. Our approach includes:
- Continuous Education: We regularly update our knowledge on the latest technologies and legal precedents.
- Comprehensive Case Analysis: We examine every aspect of your case, from the initial stop to the final test results.
- Tailored Defense Strategies: We develop unique strategies based on the specifics of your situation.
- Collaboration with Experts: We work with technical and medical experts to challenge breathalyzer results effectively.
- Aggressive Representation: We vigorously defend your rights at every stage of the legal process.
Are You Facing DUI Charges?
If you’re dealing with DUI charges based on breathalyzer results, you have options:
- Seek immediate legal counsel to understand your rights.
- Document everything about your arrest and testing process.
- Don’t discuss your case with anyone but your lawyer.
- Consider independent blood testing if time permits.
How We Can Help
At Kolinsky Law, our Best Impaired Driving Lawyers in Edmonton specialize in DUI defense and challenging breathalyzer results. We can:
- Analyze your case for potential breathalyzer inaccuracies
- Develop a tailored defense strategy using the latest legal and technological knowledge
- Represent you aggressively in court and negotiations
- Guide you through the legal process with compassion and expertise
Don’t let a potentially flawed breathalyzer test determine your future. Contact us today for a confidential consultation, and let us use our expertise to help you.
Conclusion
As technology evolves, so do the methods for challenging breathalyzer results. Understanding these advancements is crucial for anyone facing DUI charges. At Kolinsky Law, we combine our deep legal expertise with knowledge of the latest technological developments to provide robust defenses against breathalyzer evidence.
If you’re facing DUI charges, don’t assume that breathalyzer results are infallible. With the right legal strategy and expert representation, it’s possible to challenge these results effectively. Contact Kolinsky Law today to discuss your case and explore how we can help protect your rights and your future.
by admin | Apr 7, 2020 | Best Lawyers in Edmonton, Blog, DUI, Impaired Driving Lawyers
Everyone knows that you should never drive drunk. If you drink, leave your keys and take a cab. We hear this over and over again on commercials, radio ads and see this very message posted in bars and pubs.
What happens if you do not think you are drunk? What happens if you think you can handle driving home? What happens when you see those red and blue lights flashing in your rear-view mirror? There are different degrees of impairment that some may find confusing but it’s best to know what they mean in advance to find out what your rights are when it comes to driving and alcohol consumption.
As a prominent example, it is not uncommon for the terms “Impaired Driving” and “Driving Over 80” to be confused. The reason is that both these charges are often laid together but they have different meanings.
Driving Over 80:
It is a criminal offence in Canada to operate a motor vehicle when the Blood Alcohol Concentration (BAC) is more than 80mg of alcohol per 100 mL of blood.
Blood alcohol concentration depends on a number of factors including how much alcohol was consumed, how much time has passed since the most recent drink, gender, weight, how the body absorbs alcohol and eliminates it.
Impaired Driving:
Impaired driving does not depend on the blood alcohol level at all. It simply means that the driver’s ability to operate the motor vehicle was impaired by alcohol or drugs.
Federal Consequences:
What is confusing is that someone may be charged with impaired driving when their BAC is below 80mg. At the same time, another driver may be charged with Driving Over 80 but not be impaired at all. This really comes down to alcohol tolerance. In fact, toxicologists have found that some people may be impaired from less than 50mg of alcohol per 100mL of blood while others can tolerate much higher than 80mg of alcohol per 100mL before becoming impaired.
If the driver is found to have a Blood Alcohol Concentration over 80mg, they will be charged with that. If their BAC is below 80 but there is evidence of impairment including weaving, or an accident then they will face an Impaired Driving Charge.
If you are found guilty of criminal-level impaired driving (Over 80), you may be required to:
- Complete a driving prohibition. The prohibition time may vary depending on the offence.
- Pay fees such as reinstatement fees.
- Complete remedial education courses.
- Successfully participate in the Mandatory Interlock Program.
- Successfully complete a roadside test.
Provincial Consequences:
In Alberta, like most provinces, if a driver is found to have a blood alcohol concentration of 0.050 and 0.079 they will face Provincial consequences.
1. First time within a 10-year period:
- an immediate 3-day driver’s license suspension
- a 3-day vehicle seizure
2. Second time within a 10-year period:
- an immediate 15-day driver’s license suspension
- a 7-day vehicle seizure
- Crossroads course
3. Third and subsequent times within a 10-year period:
- an immediate 30-day driver’s license suspension
- a 7-day vehicle seizure
- IMPACT program
How Can Kolinsky Law Help?
Our dedicated team of criminal lawyers work to help those charged with a crime and provide them with legal advice. In cases of Impaired Driving or Driving Over 80, the penalties can be serious. This is where we come in. The lawyers at Kolinsky Law have what it takes to guide you through the process and work to get you the best possible results.
by admin | Nov 29, 2019 | Blog
The Alberta Administrative License Suspension (AALS) applies to you and your license if you have been pulled over for Driving Under the Influence (DUI) and you:
- were found to be in violation of the federal legal limits for alcohol, cannabis or a combination of both,
- were found to have consumed illegal drugs,
- or you refused to provide a breath/fluid sample to a police officer
What does an impaired driving mean for my license immediately?
If it is your first offence, you are subject to an immediate 90-day, no-driving license suspension. After this period has passed, you may apply to drive under a suspended license for a year with the Ignition Interlock Program. If you choose not to participate in the program, you will be suspended for a full year plus the initial 90 days with no ability to drive legally.
Can I get my license back prior to my court date?
The 90-day suspension does not provide exceptions except by successful appeal. Since most court dates are scheduled within the first month after a DUI, you will not be able to get your license back prior to your court date in most circumstances. If you file an appeal – which is possible up to 30 days from the offence date – and the Alberta Transportation Safety Board receives and responds to your appeal, it would be possible to retrieve your license before your first court date, if they accept your appeal; however, given existing processing times, this is very unlikely.
How do I file a DUI appeal in Alberta to get my license back?
In order to appeal your license suspension, you must purchase an Application for Hearing from any Alberta registry. You can choose between an oral or written appeal with the former coming at a higher cost than the latter. As noted above, this must be received within 30 days of the offence date. A successful appeal relies on offering evidence of your innocence in the impaired driving-related offence. The Alberta Transportation Board does not consider discussions of hardship due to suspended licensing when processing appeals.
Fees Associated with Appeals
| Oral Appeal Hearing |
$250 |
| Written Appeal Hearing |
$125 |
What is the Ignition Interlock Program and how does it affect my license?
To obtain your license before your trial whether or not an appeal goes through, you can apply to take part in the Ignition Interlock program through any Alberta Registry. The Alberta Transportation Driver Fitness and Monitoring board will receive your application, taking up to 30 days to issue an approval. This program involves the installation of a device on your car to monitor your sobriety while driving for the duration of your year-long suspension. During this time, you are not allowed to drive any other vehicle unless it contains the Ignition Interlock program.
Fees Associated with the Ignition Interlock Program
| Application Fee |
$63
|
| Passenger Vehicle Installation |
$145
|
| Commercial Vehicle Installation |
$245
|
| Reinstatement Fee |
$210
|
| New License Fee |
Check with Registry
|
| Monthly Interlock Device Rental |
$95/month
|
| Device Removal Fee |
$50
|
What happens to my license if I plead guilty or been found guilty?
If it is a first-time offence, there will be a one-year disqualification under the Criminal Code of Canada alongside a provincial license suspension, run concurrently. You can only get your license back by then applying to take part in the Alberta Ignition Interlock Program. You will also be required to take courses with the Alberta Motor Association (AMA) including the AMA Planning Ahead Course and IMPACT Course. There will be a significant gap in time between your conviction and your approval for the program before you receive your license back, with restrictions.
What happens to my license if I am found innocent and win my case?
It is important to note that winning your criminal case does not mean your license is immediately returned to you as AALS continues, despite what happens with Criminal Code charges. In other words, the provincial suspension applies, whether or not you are criminally convicted at trial. The only way to avoid the AALS suspensions (90 days mandatory followed by 1 year) is to file an appeal. It is absolutely essential that you purchase and file the appeal form within the first 30 days of the suspension. This gives you the right to appeal at a later date and you can wait to decide what to do pending your criminal case.
What is the best plan of action for getting my license back?
Hire a criminal defence lawyer right away. At Kolinsky Law, our DUI Lawyers team can assist you with all of the complexities of navigating your DUI criminal case to ensure that you get your license back as soon as possible to limit interruptions to your life and mitigate any damage a DUI could further cause you.
by admin | May 24, 2019 | Best Lawyers in Edmonton, Blog, DUI, Impaired Driving Lawyers
You’ve spent the evening catching up with old friends. You socialized over a nice dinner and had a few drinks as the night wore on. Unfortunately, you made the choice to drive home and along the way you were stopped by police and tested for alcohol and drug impairment. You’ve been charged with impaired driving under the Criminal Code of Canada. What happens next? Here’s what you need to know:
Driving under the influence is against the law in Canada. DUI is defined as operating any kind of vehicle, vessel, aircraft or railway equipment while impaired by alcohol or drugs. Any amount over 80 mg of alcohol or over 5 ng of Tetrahydrocannabinol (THC) per ml of blood results in immediate consequences. Other drugs and medical conditions can also cause impairment. Canada’s updated law now states that you can be convicted if your blood concentrations are over these numbers within two hours of driving.
Statistics and Trends
Impaired driving is one of the most common criminal offences and is among the leading criminal causes of death in Canada. In 2017, Canadian police reported 69,000 impaired driving incidents. In addition, while alcohol-impaired driving is down over the past several decades, drug-impaired driving is on the rise. Incidences of drug-impaired driving convictions doubled from 2014 to 2015 and in 2017, 3,500 drug-impaired driving incidents were reported. Men, those who play on sports teams, and those who are 20-24 years old (as reported by police) are more likely to engage in impaired driving.
Saliva and Blood Tests
When pulled over, police officers can demand a preliminary breath sample that tests for blood alcohol levels. They can do so without any reasonable suspicion of impairment. In 2009, a provision to the Criminal Code allows police to carry out compulsory roadside testing of drug-impaired drivers. Oral fluid drug screeners are used to detect some drugs in saliva, if an officer reasonably suspects that a driver is impaired by drugs. Reasonable suspicion can include signs like red eyes, twitching, agitation, slurred speech, and odd behaviour. Oral fluid drug screeners serve as a basis for additional blood testing for further confirmation of impairment. Police can also demand a driver submit to a Standard Field Sobriety Test or a Drug Recognition Expert Evaluation.
Penalties and Fines
Federal penalties for DUI (that doesn’t involve harm or death) carry a maximum of a 10-year prison sentence. The minimum penalties range from a minimum mandatory fine of $1000 for first offenses to at least a 120-day prison sentence for third offenses. More severe penalties are reserved for those convicted of impaired driving causing bodily harm or death.
A summary conviction can be given if 2-5 ng/ml of THC is measured in the blood. Other substances, like ketamine, PCP, cocaine, and methamphetamine can be detected and carry a charge if they are detected within 2 hours of driving.
Individual provinces within Canada have their own sanctions over and above the federal laws. For example, in Alberta, those who are suspected of being impaired by alcohol or drugs while driving may face a 24-hour license suspension and those who have a blood alcohol level of 0.05 to under 0.08 can face an immediate suspension of longer duration, and these sanctions fall under the Traffic Safety Act.
Issues and Challenges
The recent changes to Canada’s impaired driving laws have some questioning whether it fits within Canada’s constitution. The changes are said to be too vague, and those who use medicinal cannabis, in particular, may be subject to unjust sanctions if trace amounts of THC are found in roadside saliva tests. THC can remain in small amounts within the body up to a week (or more) after consuming it, and therefore regular cannabis users may test positive, despite not using it hours or days prior to driving.
In addition, saliva tests are found to be subject to false-positive results. One law firm has discovered that poppy seed cake can cause a saliva test to show positive for opiates, consuming coca tea can show that cocaine is in one’s body, and CBD, a chemical within cannabis can show the same positive results on saliva tests even when isolated from and used without THC.
Plan of Action
The charges (and the penalties that come with them) are not something to take lightly. If you’ve been charged with impaired driving and are now facing significant penalties, the help of an expert DUI lawyer in Edmonton is the best course of action to take next. Issues within Canada’s DUI laws may leave room for challenges, questions, and defenses, and Kolinsky Law is best equipped to deal with and navigate these issues in a legal setting.
