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Find a Lawyer » Lawyers » Canada Lawyers » Quebec Lawyers » Brossard Lawyers » Criminal Defence Lawyers Brossard » DUI & Impaired Driving Lawyers Brossard

All DUI & Impaired Driving Lawyers in Brossard

Impaired Driving Defence in Brossard and the South Shore

Brossard, a bustling commercial and residential hub on Montreal’s South Shore, is crisscrossed by major thoroughfares like Highway 10, Highway 30, and Taschereau Boulevard. With its proximity to the Quartier DIX30 lifestyle centre and downtown Montreal, the flow of traffic is constant, and enforcement by the Service de police de l’agglomération de Longueuil (SPAL) is rigorous. For drivers in Brossard, being arrested for impaired driving (DUI) is a confusing and terrifying experience that triggers two parallel legal processes: the administrative measures by the SAAQ (Société de l’assurance automobile du Québec) and the criminal prosecution at the Longueuil Courthouse. On this page, you can find experienced DUI & Impaired Driving Lawyers in Brossard who specialize in navigating the Quebec legal system to protect your driver’s license and your criminal record.

SAAQ Administrative Suspensions

In Quebec, the consequences of a DUI arrest begin immediately at the roadside. If you blow over 80 mg% or refuse to provide a sample, your driver’s license is suspended on the spot for 90 days. This is an administrative sanction imposed by the Highway Safety Code, separate from any criminal trial.
Your vehicle may also be seized and impounded for 30 days, leaving you with significant towing and storage fees. DUI lawyers in Brossard can assist you in reviewing the validity of this suspension. While it is difficult to lift the immediate suspension, a lawyer can guide you through the SAAQ review process if there were procedural errors, such as a case of mistaken identity or a lack of reasonable grounds for the stop.

The Criminal Court Process in Longueuil

Most criminal impaired driving cases originating in Brossard are heard at the Palais de justice de Longueuil. The Crown prosecutors here are strict, particularly given the public safety focus on road transport.
A criminal conviction for impaired driving carries mandatory minimum penalties under the Criminal Code of Canada: a $1,000 fine for a first offence and a one-year nationwide driving prohibition. For Brossard residents who commute to Montreal for work, this is devastating. A skilled defence lawyer’s primary goal is to secure an acquittal or a withdrawal of charges. They achieve this by challenging the evidence. Common defences include:

  • Delay in Testing: Samples must be taken ‘as soon as practicable.’ Unexplained delays by the police can lead to exclusion of evidence.
  • Right to Counsel: Did the police provide you with a private opportunity to call a lawyer at the station? Violations of Section 10(b) of the Charter are a frequent ground for dismissal.
  • Technical Accuracy: Challenging the calibration and maintenance logs of the breathalyzer instrument (Alco-Sensor or Intoxilyzer).

Care and Control (Garde et Contrôle)

Many drivers in Brossard are unaware that you do not need to be driving to be charged. If you are found sitting in your car in the parking lot of the Mail Champlain or Quartier DIX30 while intoxicated, even with the engine off, you can be charged with having ‘Care and Control’ of the vehicle.
The law presumes that if you are in the driver’s seat, you risk setting the vehicle in motion. A DUI lawyer can rebut this presumption by proving that you had no intention to drive-for example, if you were waiting for a designated driver service or sleeping it off with a realistic plan not to drive. Proving ‘no alternate plan’ is a complex legal argument that requires professional representation.

Summary Assessment and Risk Reduction

Following a conviction, or even before, you may be required to undergo a summary assessment (evaluation sommaire) by the Association des centres de réadaptation en dépendance du Québec (ACRDQ). This assesses your relationship with alcohol or drugs.
If you receive an unfavourable report, you may be forced to install an ignition interlock device (anti-démarreur éthylométrique) in your vehicle for an extended period and complete the ‘Alcofrein’ program. Lawyers advise clients on how to prepare for these assessments to ensure they are treated fairly and not incorrectly categorized as high-risk repeat offenders.

Restricted Licenses (Permis Restreint)

If you are convicted, you lose your license. However, Quebec offers a ‘Restricted License’ option that allows you to drive a vehicle equipped with an alcohol ignition interlock device.
The waiting period to apply for this varies depending on your record (e.g., immediate for some first offenders, or after a 3-month absolute prohibition). A lawyer can explain the specific timeline for your case and help you apply to the Court of Quebec or the SAAQ for this privilege, allowing you to maintain employment while serving your sentence.

Find DUI & Impaired Driving Lawyers in Brossard

A DUI charge in Quebec is a complex intersection of administrative hurdles and criminal liabilities. Do not face the judge or the SAAQ alone. The DUI & Impaired Driving Lawyers in Brossard listed on this page have the technical expertise to scrutinize the police investigation and fight for your rights. Whether it involves challenging a roadside test or arguing for a restricted license, these professionals are dedicated to minimizing the impact on your life. Explore our directory to find a legal advocate in the South Shore area. 🇨🇦

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