Drug offences and Driving Under the Influence of Alcohol or/and Drugs
At Pollock and Company, we provide legal services for individuals in need of assistance with a variety of charges, including drug offences and DUI’s. When you have been charged with the possession of illegal substances or driving under the influence, you need a DUI lawyer in Winnipeg to provide representation that you can trust. Our Winnipeg DUI lawyers and legal advisors will review your case and provide the right assistance to help you avoid jail time or see the charges lessened.
Impaired Driving Defense
Protect Your Future: Legal Defense for Impaired Driving
Driving under the influence of alcohol or drugs, including cannabis (drunk driving), carries serious consequences under the Highway Traffic Act. If you have been charged with impaired driving, you need strong legal representation to protect your rights and minimize penalties. Our experienced criminal defense lawyers specialize in handling impaired driving cases, ensuring that you receive a fair trial and the best possible outcome.
Immediate Consequences Under the Highway Traffic Act
If you are stopped by the police while operating or in care or control of a motor vehicle, boat, aircraft, or railway equipment, your driver’s licence may be immediately suspended if:
- The officer believes you are unable to safely operate the vehicle due to drug impairment.
- You fail an oral fluid drug screening test or register a “warn” or “fail” on a breathalyzer.
- Your blood alcohol concentration (BAC) is .05 or higher.
- You fail a physical coordination test administered by a trained officer.
- The officer determines that you are too impaired to comply with testing requirements.
Licence Suspensions Based on Impairment Level
- 24-hour suspension: If the officer deems you too impaired to perform a test or safely operate a vehicle.
- Tiered suspensions for BAC between .05 and .079, or a failed drug test:
- First offense: 3-day suspension (7 days if a child under 16 is present).
- Second offense (within 10 years): 15-day suspension.
- Third offense (within 10 years): 30-day suspension.
- Four or more offenses (within 10 years): 60-day suspension.
- 3-month suspension: If you refuse testing, fail to comply with a police officer’s instructions, or have a BAC over .08.
Additional Consequences
- Vehicle impoundment: 30 days or more for a BAC over .08, failed drug test, or refusal to comply with testing.
- Mandatory impaired driver assessment: Required after two tiered suspensions or one 3-month suspension. Conducted by the Addictions Foundation of Manitoba (AFM) at a cost of $625.
- Licence reinstatement fee: $50 charge.
Criminal Charges & Consequences Upon Conviction
One of the most common criminal offences in Canada is driving under the influence (DUI). The offence occurs when a driver operates a vehicle while his or her ability to do so is impaired by the use of alcohol or drugs. Facing drug offences or impaired driving charges is a stressful situation. A criminal record can affect your ability to work and travel and you may face licence suspension.
If you are charged with impaired driving, you could face serious criminal penalties, including:
- Driving while impaired by drugs or alcohol
- Driving with a BAC of .08 or higher
- Driving with a blood drug concentration above legal limits
- Refusing to provide a breath, oral fluid, or blood sample
- Refusing to participate in a physical coordination or drug evaluation test
- Impaired driving causing bodily harm or death
Criminal Penalties
- Fines:
- Minimum $1,000 for a first conviction.
- Minimum $1,500 if BAC is between .12 and .16.
- Minimum $2,000 if BAC is .16 or higher or refusal to comply.
- Jail Time:
- Minimum 30 days for a second conviction.
- Minimum 120 days for subsequent convictions.
- Driving Prohibitions:
- First conviction: Minimum 1-year suspension.
- Second conviction: Minimum 2-year suspension.
- Third or more convictions: Minimum 3-year suspension.
Provincial Suspensions Under The Highway Traffic Act
- Impaired driving or BAC over .08
- 1 year for first conviction
- 5 years for second conviction
- 10 years for third conviction
- Lifetime suspension for four or more convictions within 10 years
- Refusal to provide a breath/blood sample
- 2-year suspension for first conviction
- 7 years for second conviction
- 10 years for third conviction
- Lifetime suspension for four or more convictions within 10 years
- Impaired driving causing bodily harm or death
- 5-year suspension for first conviction
- 10 years for second conviction
- Lifetime suspension for three or more convictions within 10 years
Vehicle Forfeiture
- First-time offenders: If impaired driving results in bodily harm or death.
- Repeat offenders: Conviction for three Criminal Code driving offenses within five years results in vehicle forfeiture to the province.
Additional Considerations
- Zero Tolerance for Novice Drivers: Under Manitoba’s Graduated Licensing Program, new drivers must maintain a BAC of 0.00 for at least five years.
- Off-Road Vehicles: Impaired driving laws apply to snowmobiles, ATVs, dirt bikes, and construction or farm vehicles.
- Ignition Interlock Requirement: All convicted impaired drivers must use an ignition interlock device at their own expense (approx. $1,500).
- Vehicle Impoundment Costs:
- $727 (plus tax) for a 30-day impoundment.
- $1,771 (plus tax) for a 90-day impoundment.
- Costs must be paid before the vehicle is released.
- Licence Suspension Appeals: Some suspensions can be appealed to the Licence Suspension Appeal Board (204-945-7350 or toll-free at 1-800-282-8069).
Types of drug offences
Drug offences are quite wide, covering a variety of charges. Laws covering drug-related offences can be complicated, so when you face charges, it is important to have the right representation by your side. Charges can include:
- drug possession
- drug trafficking
- drug production
Potential sentences can include a conditional discharge to life in prison.
Factors that are considered with charges include the nature of the drug, the amount of possession, and the circumstances surrounding your offence.
How Our Criminal Lawyers Can Help
A charge of impaired driving can have severe consequences, including a criminal record, loss of driving privileges, increased insurance costs, and potential jail time. Our legal team has extensive experience defending clients against impaired driving charges. We will thoroughly review your case, challenge evidence where applicable, and work to reduce or dismiss your charges.
Contact Us for Legal Assistance
If you have been charged with impaired driving, don’t navigate the legal system alone. Contact Pollock & Company law firm today for a confidential initial consultation. We are committed to defending your rights and protecting your future.
For emergency assistance, call us at 204.997.3967 for 24/7 legal support with drug offences or DUI charges.
Frequently Asked Questions about DUI
Q: How many demerits do you get for a DUI in Manitoba?
A: In Manitoba, a DUI conviction results in a 10-demerit point penalty from Manitoba Public Insurance (MPI), an increase from the previous penalty of five demerits. Additionally, drivers who exceed the 0.08 legal blood alcohol limit face severe legal and financial consequences.
Q: How long does a DUI stay on your record in Manitoba?
A: A DUI conviction in Manitoba results in a lifelong criminal record, even for a first offence. This can impact employment opportunities, travel, and insurance rates unless a record suspension (pardon) is granted.
Q: How much does a DUI cost in Manitoba?
A: A DUI conviction in Manitoba comes with significant financial penalties. The minimum fine is $1,000 for a first offence. If your blood alcohol concentration (BAC) is between .12 and .16, the fine increases to $1,500, and if your BAC is .16 or higher or you refuse a breath or blood sample, the fine rises to $2,000. Additional costs may include legal fees, increased insurance rates, and mandatory assessments or programs.
Q: What happens if you refuse a breathalyzer in Manitoba?
A: Refusing a breathalyzer test in Manitoba comes with serious consequences. You may face enhanced roadside sanctions, including a $700 administrative penalty, vehicle impoundment, mandatory Ignition Interlock participation for one year, an impaired driver assessment, and a 10-level drop on the Driver Safety Rating scale. Additionally, refusing a breathalyzer can result in the same penalties as a DUI conviction.
Q: How much cannabis can a driver or passenger possess in Manitoba?
A: In Manitoba, drivers and passengers aged 19 and older can possess up to 30 grams of non-medical cannabis. However, the cannabis must be properly stored in a sealed container and out of reach of the driver to comply with the law.
Q: What is considered safe storage and transport of cannabis in a vehicle?
A: According to the Highway Traffic Act, cannabis must be securely stored in one of the following places:
- The trunk of the vehicle
- An exterior compartment on the vehicle
- A designated storage area for goods or baggage that is not easily accessible to anyone inside the vehicle
This ensures compliance with the law and helps prevent impaired driving concerns.
