People investigated for drunk driving may be charged with the criminal offences of Impaired Driving and/or Driving Over .08. Police normally recommend both of these DUI charges. When a person refuses to provide a breath sample, they can be charged with Refusal. The penalties for all three offences are the same. For a first offence, there is a minimum $1000 fine and a one year driving prohibition. The resulting conviction may cause problems with criminal record checks and with crossing international borders.
The new Motor Vehicle Act legislation in British Columbia causes additional problems for those convicted of Criminal Code impaired driving offences. At the end of driving prohibition, offenders are required to complete the Responsible Drivers Program and to install and maintain an ignition interlock device on any car they drive for 12 months.
Whether or not a person is charged criminally for a drunk driving offence, police in BC can now impose an Immediate Roadside Prohibition (IRP) for three to 90 days. This involves vehicle impoundment and a strict driving prohibition, the length of which is determined by the person's driving record and whether they blew a warn or a fail on the roadside breath screening device.
The laws involved in DUI cases are complex. Charter rights, such as the right to consult a lawyer upon detention come into play in almost every case. Our lawyers have more than 20 years experience navigating our way through these cases for people in the Lower Mainland and throughout British Columbia. We are skilled, hardworking and dedicated in helping you achieve the best possible result with your drinking and driving case. Our goal is to help you avoid conviction and to keep you driving.
In one of our recent successes (R. v. H.B. in Vancouver Provincial Court), our client was charged with impaired driving and refusing to take a breath test. At issue was whether our client's rights were violated during the traffic stop. We convinced the Crown to grant a stay of proceedings. No jail time.
Driving While Prohibited and all Motor Vehicle Act charges
We defend against all driving charges, including dangerous driving and Motor Vehicle Act charges such as Driving While Prohibited and the new Immediate Roadside Prohibition (IRP) offences. We assist clients facing Motor Vehicle Act driving prohibitions and fines. We understand that, for most people, it is imperative to do everything possible to prevent a driving prohibition.
Start With a Free Initial Consultation
To schedule a free initial consultation with one of our Vancouver defence lawyers, call 604-688-1460 or contact us via e-mail.