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7 Defenses Against a DUI in That Really Work in Manitoba

Posted: June 2, 2018 at 4:34 pm   /   by   /   comments (0)

If you are charged with a DUI in Manitoba, it is a very serious offense that can be met with severe consequences. The good news is that even if you are facing DUI charges, it does not automatically mean that you will be found guilty. 

Even if you were tested and your blood alcohol concentration is 0.08 percent or more, there is still a way to defend against a DUI conviction. The best way to beat a DUI charge is to find a DUI Manitoba lawyer who can build a winning defense. Likely, they will use one of the seven defenses to DUI that have a proven track record.

1. The “last drink” defense

If you are pulled over and have your blood alcohol content (BAC) tested, even if you test over 0.08 percent, you can try to use the defense that you just left the bar and you drank your last drink quickly as not to waste it, which was why your BAC was abnormally high. It is a crime to drive with a BAC of 0.08 percent, but it isn’t a crime to have alcohol in your stomach or on your breath.

So, if you were tested at 0.08 percent, and you just left the bar, then there is the chance that your breath tests will be inaccurate. Since the alcohol may not have had enough time to hit your bloodstream, your BAC could have been inaccurate, meaning that you were wrongfully charged.

2.  Delayed BAC test

You can use the a delayed BAC test defense if you were stopped without being tested for a long time. Since alcohol takes some time to hit your bloodstream, if your BAC isn’t immediately tested, you could end up testing higher later on. This means that you might not have been legally impaired when you were driving, but due to the delay in your test, you gradually became more intoxicated. In other words: you might not have been drunk driving at all. 

3. The indicia impaired contradiction

If there was more than one police officer at the arrest and the description of what they witnessed as signs of your impairment are different than another officer’s, their testimony can be called into question. 

If there are verbal or written contradictions between the statements of the arresting officers about the events of the scene, then it might be the key to a winning defense.

4. You weren’t behind the wheel

If you are in an accident or are caught beside a car and presumed have been the driver, you may be able to claim that the officer could not positively ID you as being the one who was driving the car. If you were not the driver of the car, you could have your charges dismissed.

To prove that you are guilty of a DUI, the officer would not only have to prove that you were intoxicated, but would also have to prove beyond a reasonable doubt that you were the one behind the wheel.

5. You weren’t served the proper certificate

The Crown will typically rely on something called the Certificate of Qualified Technician to prove that your BAC level was correct. To use your BAC level in court, the Crown would have to prove beyond a reasonable doubt that you were served a certificate properly. If they can’t, then you can use that as your defense against DUI charges.

6. No right to counsel at the scene

Since it is your right to be represented while being questioned for a crime, if your attorney was not present to give you advice on your case when you were tested and questioned roadside, the argument can be made that you were not given your right to counsel. If this argument is granted, any evidence that law officers collect at the scene become inadmissible in court, including any tests. 

7. The officer is not specifically trained to operate an ASD

If, on the stand, the officer who administered the breathalyzer cannot tell the judge the procedure for properly administering BAC tests, then you can challenge the effectiveness of their testing abilities and how accurate they are. If they are not properly trained, perhaps your test was incorrect. 

Just because you are accused of DUI in Manitoba, does not necessarily mean that you will be found guilty. If you hire the right DUI attorney who specializes in DUI defenses, you might just be able to find a loophole that will get your case dismissed and restore your reputation. 

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