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Edmonton Alberta Criminal Law Blog

Your BAC may not be enough to convict you

When you were in science classes, you may remember thinking that you would never use the information your teacher thought was so important. Little did you know that some of that science would come in handy at the most surprising moment: during an impaired driving arrest.

If Alberta police recently detained you under suspicion of driving while impaired, you may have submitted to a breath test, which provided police with enough reason to place you under arrest. You may feel that the results of the test are enough to convict you of the offence, but there could be some very strong reasons to fight the charges.

Do you know your rights when stopped for impaired driving?

If you face allegations or charges of impaired driving, you may not be familiar with criminal law and your legal rights. You will likely experience high levels of anxiety and stress because of the potential consequences. No one wants one mistake to cause the loss of driving privileges through licence suspension, and a conviction resulting in jail time can be detrimental to your employment, your home life and your reputation.

You may not be aware that testing for blood alcohol content is not always 100 percent accurate, and law enforcement could have made errors in the testing or arrest procedures that might benefit your defence.

Knowing your rights when the police pull you over

The last thing you want to see and hear when you're driving down any Alberta highway is flashing red lights in your rearview mirror and the sound of a siren blaring. Unfortunately, this typically means that it's time to pull over and roll down your window for the police officer who will be coming your way. It's also a time to stay calm and composed.

One thing you will want to avoid should you ever face this nerve-wracking situation is automatically apologizing, especially if you don't know why the police have stopped you to begin with. This can appear like an admission of guilt and might be used against you later in court.