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Frequently Asked DWI Questions


Q: Do I have a defence?  Can I beat this DWI?

A: DWI litigation is incredibly complex, to the point that the lawyers who do it tend to focus on nothing else.  It is completely, totally, 100% impossible to know if you have a defence by reading a webpage.  It’s simply not going to happen.  This area of law is so complex, you won’t even know what questions to ask, even if you are already a practicing lawyer or law student.  DWI litigation is the criminal law version of brain surgery.  The only way you can find out if you have a defence is by calling a DWI lawyer.

In Red Deer, you can reach Mr. Pearse directly at 1 866 912 3560.  He works 24/7/365.

Q: Am I going to lose my license from my DWI charge?

A: If you are convicted of DWI, yes.

Q: Am I going to get a criminal record from my DWI charge?

A: If you are convicted of DWI, yes.

Q: Will my DWI charge affect my immigration status?

A: If you are convicted of DWI, in some cases it will.  In others, it will not.

Q: Will my DWI charge prevent me from certain types of employment?

A: If you are convicted of DWI, in some cases yes.  This will depend on your chosen profession and/or your employer.

Q: Will I lose my license because of my DWI?  If so, for how long?

A: If you are convicted of DWI, yes.  How long depends on the circumstances of the file, and your criminal record.

Q: Will I go to jail because of my DWI?  If so, for how long?

A: If you are convicted of DWI, yes.  How long depends on the circumstances of the DWI file, and your criminal record.  Generally, people with no related record and who have not killed or injured someone do not go to jail, but there are circumstances where this could happen.

Q: Look, I’m a really good person.  I’ve never done anything like this before.  It’s my first DWI.  A criminal record will really make it hard for me to find work, and I REALLY need my license.  I need it for work, and I need it to drive my family around.  Do you think the crown will just spontaneously drop all the charges?

A: Probably not.  Crown prosecutors do stay charges, but it won’t be based on your general good character.  Whether you win the DWI charge or not will depend on the specific defences available on your file.  It will have nothing to do with your work or family considerations.

Q: I’ve heard that if you fail the breathalyzer, you are “automatically guilty.” Is that true?

A: No. Even if you blow over the legal limit or refuse to provide a sample, there may be relevant Charter or statutory applications that can be made. The general public usually thinks of these things as “technicalities,” but the reality is that in a functioning democracy, civil liberties are very important. What to the lay-person may seem relatively trivial can translate into an acquittal (i.e. you win). This is because the state (usually via the police) is responsible for protecting your constitutional rights. When they do not do this, they lose the benefit of a conviction.