Impaired Driving Charges In British Columbia
DO NOT PLEAD GUILTY BEFORE SPEAKING TO A LAWYER
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.
90-DAY PROHIBITIONS - URGENT ACTION REQUIRED
- Did you receive a Notice of Driving Prohibition pursuant to s. 94.1 of the Motor Vehicle Act?
- Is it within 7 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 7 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 7 days.
Frequently Asked Questions about 90-Day Prohibitions:
(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 of 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 7 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 which 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.
IMPAIRED DRIVING CHARGES
There are three criminal charges that relate to the offence of driving after consuming drugs and alcohol:
- Impaired Driving
- Driving "Over 80"
- 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 $600, a criminal record and your car insurance premiums will be significantly higher when you go to renew your license.
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.
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