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Driving While Impaired/DUI Charges
If the police believe you were driving while impaired, or “over .08”, you may receive a 90-day driving prohibition called an Immediate Roadside Prohibition (IRP). If successfully disputed, you can avoid these administrative penalties entirely. However, it is important to act quickly as there is a strict seven-day window to file a challenge. A lawyer should handle this process to ensure it is done properly.
The police may choose to charge you criminally instead of issuing an IRP. If that happens, they also typically serve you with a 90-day driving prohibition called an Administrative Driving Prohibition (ADP). Like IRPs, ADPs come with significant consequences and require action within seven days to file a challenge.
The criminal charges themselves are the most serious. If convicted, you face penalties that include a minimum one-year driving prohibition, substantial fines, mandatory counselling programs, 10 ICBC penalty points on your licence, and significant ICBC driver risk premiums. You would also have a criminal record, and the ignition interlock program could be imposed for a year or more.
Defending these charges can be highly technical, involving a detailed understanding of Canadian impaired driving laws. I have successfully defended people charged with impaired driving since 1996.
Challenging Immediate Roadside Prohibitions
Immediate Roadside Prohibitions (IRPs) are issued when police suspect impaired driving but choose not to pursue criminal charges. These are administrative penalties, but their impact can be significant. If you are issued an IRP, you cannot drive for 90 days, must pay for a 30-day vehicle impoundment, and are required to attend the Responsible Driver Program. You may also be required to install an ignition interlock device in your vehicle, which can be costly and inconvenient.
A challenge to an IRP must be filed within seven days, and it is essential that this process is handled correctly. Having an experienced DWI lawyer in Victoria to file the challenge on your behalf ensures it is done properly. I have years of experience challenging IRPs and know how the system works in these cases. If the IRP is successfully challenged, you avoid the associated penalties, including the driving prohibition. These challenges are often based on technicalities, such as procedural errors by the police or insufficient evidence to justify the prohibition.
Administrative Driving Prohibitions and Criminal Charges
Administrative Driving Prohibitions (ADPs) differ from IRPs in that they accompany criminal charges for impaired driving. ADPs impose similar penalties, including a 90-day driving prohibition, fines, and mandatory counselling. However, they also signal the beginning of a criminal case, which can have more severe consequences if you are convicted.
If convicted, you face a minimum one-year driving prohibition in addition to the 90-day ban, larger fines, and significant financial penalties like ICBC driver risk premiums. You may also be required to install an ignition interlock device, which adds further expense and inconvenience. A criminal record resulting from these charges can have long-term consequences, including affecting employment opportunities and international travel.
As an experienced DUI lawyer in Victoria, I understand the complexities of defending against ADPs and the related criminal charges. By carefully examining the evidence, such as breathalyzer results and police procedures, I work to build a strong defense for my clients.
Defending Criminal Impaired Driving Charges
Criminal impaired driving charges are the most serious type of impaired driving offence under Canadian law. These charges can result in substantial penalties, including a driving prohibition of at least one year, mandatory counselling, fines, ICBC penalty points, and driver risk premiums. You will also have a permanent criminal record, which can have far-reaching personal and professional consequences.
Defending criminal impaired driving charges requires a thorough understanding of the law and a detailed analysis of the evidence. Common defense strategies include challenging the accuracy of breathalyzer or roadside testing equipment, identifying procedural errors made by the police, and scrutinizing whether your Charter rights were violated during the investigation.
I have been successfully defending clients charged with impaired driving since 1996. My experience includes handling both straightforward cases and those involving complex technical or legal issues. Working with a skilled criminal defense attorney ensures your rights are protected and that you receive a fair defense.
Geofrey Simair
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If you are facing impaired driving charges, acting quickly is essential. Contact me today to discuss your case with an experienced DUI lawyer in Victoria who can provide expert guidance and help you navigate the legal process.