You May Have a Defence Even if Your Blood Alcohol Readings Were Above .08

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See below for information about 90-day prohibitions and impaired driving charges.

1. Did you receive a Notice of Driving Prohibition pursuant to s. 94.1 of the Motor Vehicle Act?
2. Is it within seven days of your arrest or the date that you were provided with the Notice of Driving Prohibition?

If the answers to the two questions above are yes, then you must take immediate action if you would like to challenge your 90-day prohibition. If it is still within seven days of the date that you were provided with the Notice of Driving Prohibition, then you should contact a lawyer immediately or attend at a Driver's Service Centre and file an Application for Review of Driving Prohibition.

The Superintendent of Motor Vehicles will not extend the time for filing an Application for Review of Driving Prohibition — it must be filed within seven days.

(1) What is the Notice of Driving Prohibition (the blue form) I received?

The Notice of Driving Prohibition serves as your temporary license for 21 days from the date that the document is served on you. This document indicates that you will be prohibited from driving for 90 days commencing at the expiry of the 21-day period if you do not file for a review. You must file for a review within seven days of being served with the Notice of Driving Prohibition.

(2) Should I request an Oral or Written Review?

I always have my clients request an oral review of their driving prohibition. The cost of an oral review is $100, which is refunded if you are successful on the review or decide to cancel the review prior to the hearing date.

(3) How can I avoid the 90-day prohibition if my breath sample readings were over .08 or I failed to provide a breath sample?

The review of a driving prohibition is based on documents provided to the Superintendent of Motor Vehicles by the police officer who investigated your case. There are a number of issues that may result in a successful review of a driving prohibition. It is best to have a lawyer review the documents to determine if there is any likelihood of being successful on the review.

(4) What happens if I am successful on my review?

If you are successful on your review, your driving prohibition will be revoked and you may attend at the Driver's Service Centre and obtain a new license.

There are three criminal charges that relate to the offence of driving after consuming drugs and alcohol:

1. Impaired driving
2. Driving "over 80"
3. Refusal to provide a breath sample

There are many technical defences for all of the above charges.

Do not plead guilty without consulting a lawyer to discuss your case.

A conviction for any of the charges listed above can have serious ramifications on your mobility and ability to drive. Do not plead guilty until you have spoken to a lawyer about your case. If you are convicted of an impaired driving offence, you will automatically receive a one-year driving prohibition, a minimum fine of $1,000 and a criminal record, and your car insurance premiums will be significantly higher when you go to renew your license.

Additionally, in British Columbia you will also be required to complete the Responsible Driver Program at a cost of approximately $800 and have an interlock ignition device installed in your vehicle for one year at a cost of approximately $1,500.

Please note that penalties increase and there are minimum jail sentences if you already have a conviction for an impaired driving offence on your record. A second conviction will result in a minimum 30-day jail sentence with a further conviction attracting a 120-day sentence.

Why It's More Important Than Ever to Understand British Columbia's Drunk Driving Legislation

Drunk driving is a criminal charge under the criminal code of Canada and as such carries with it a set of serious implications.

A recent steep incline in the numbers of convicted drunk and impaired drivers in British Columbia has resulted in the introduction of a series of new and tougher legislation. As a result, it is now more important than ever before to be fully aware of your rights and entitlements on our roads.

Should you find yourself charged with drunk driving and live in BC, the first port of call is to contact a Vancouver criminal lawyer or a DUI lawyer in your area for advice and representation.

It is important to note that some people consider themselves to be guilty of a crime and proceed without fully utilizing the skills of a good criminal lawyer in defending their charge. However, there are a number of circumstances whereby this can be a great oversight.

There may be a ruling of inadmissible prosecution's evidence (maybe a faulty Breathalyzer reading or protocol followed) or I, a Vancouver criminal lawyer, may be able to provide a creative criminal defence that inhibits the prosecution's ability to prove reasonable doubt, either example of which can see the charges against you dropped.

Additionally you may not be aware of the full implications of a guilty plea to your charge, such as the weight of sentence or subsequent enrolment in the Responsible Driver Program (RDP) and an interlock fitted to your car.

Understanding the most common infractions and amended legislation

Impaired driving, operating a motor vehicle while your ability to do so is impaired by alcohol or drugs, and 'over 80', that's having a blood alcohol level of over 80 mg per 100 ml of blood when breathalyzed, are by far the most common charges relating to this area of criminal defence.

It is perhaps of no surprise then that this is where the majority of new BC driving legislation is aimed.

Powers to impose immediate roadside 3, 7 or 30-day driving bans are now in place for blowing a 'warn' reading when breathalyzed, while a 90-day Immediate Roadside Prohibition (IRP) or a criminal investigation can be the result of registering a 'fail' reading.

It is becoming increasingly essential to clarify your rights as a driver on Vancouver's roads. My team is here to provide the very best advice and criminal defence representation available should you find yourself in a position to need us. Contact us today to learn more during a free consultation.