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WARNING!! WARNING!! NEW DUI LAWS IN PLACE IN BRITISH COLUMBIA. YOU CAN BE DETAINED AND PROHIBITED FROM DRIVING ON THE SPOT FOR A BAC AS LOW AS .05!!
CHECK MY BLOG FOR MORE INFORMATION ON THE IMPENDING LAWS!!

You’ve been arrested for DUI/ Impaired Driving or Refusal. You’ve been put in the back of the police cruiser. You were read some breath demand, taken back to the police station, and put in a room, where the BAC Datamster sits, waiting for your blow. You’re scared, dazed, and confused. You’re thinking of your job, your family, and what kind of mess you’re in.  Luckily, you don’t spend the night in jail.

The constable has given you a bunch of papers, you signed something, including a Promise to Appear, a blue carbon Notice of Administrative Driving Prohibition under 94.1 of the Motor Vehicle Act, Certificate of Service under s.94.3 of the MVA, another smaller blue Notice of 24 Hour Prohibition, A Certificate of A Qualified Technician Who Took Samples of Breath in that room. You now have Dates for Fingerprints…and you never thought this would happen, Your First Court Appearance before a Judge. If you’re found guilty, you get a 1 Year License Suspension with no work-exceptions, a Criminal Record, 10 Driver Points on your BC driver license, a $1,000 fine, and if you were in an accident, ICBC will likely “automatically breach” your insurance coverage. All is not lost though, Remember, an ARREST IS NOT A CONVICTION.

At D. Gosal & Associates Law Corporation, we do not practice labour law, or do real estate conveyances. Go somewhere else for that. However, what we do practice is Criminal Defence and Personal Injury across British Columbia and Washington State, with an emphasis in Driving Cases, including DUI, dangerous driving, and serious motor vehicle accidents. Contact our office Immediately.

Dedication to the Study of DUI:

My first trial out of law school was a serious DUI jury trial, where the Defendant was looking at 45 days jail for his second conviction. After countless hours of case and witness preparation, knowing the facts, preparing jury instructions, researching the law, and being able to talk to the jurors, we went to trial, and we got a hung jury. He never went to jail. Ever since that first trial, I have felt the jeopardy and uncertainness my clients have had in DUI Cases have because of the pending charges. For many of my clients, the charges are the worst thing that has ever happened to them. We can help. Click on Testimonials for real clients with real stories.

Our private library consists of over a dozen publications on Drunk Driving Defence. We get weekly updates on DUI law in the US and Canada, monthly case law summaries. We subscribe to several leading publications in the area, and attend Continuing Legal Education Seminars dedicated to DUI Defence.

This area is highly technical and is as complicated as you can get in a court of law. Even more complex than much of the felony offences.

After my law degree I worked as a criminal defence lawyer, and then I went back to school, and took a specialized Master of Laws in Criminal Law program in New York State, and returned to aid of my clients. I can say that it is the cold study of the facts; marshalling the law, the fine details in the evidence, and parsing the cases that often wins and loses cases. Not some dramatic breakdown of a witness, like TV. Get the defence you deserve. Ask us the hard questions, and we’ll give you the straight answers.

Washington State and British Columbia have some of the strictest laws on Impaired driving/DUI in North America. With the per se legal limit being lowered to .08, the fight against DUI laws is increasingly harder, but not impossible. Even if the breath ticket claims that your Blood Alcohol Concentration (“BAC”) was over .08, you may have several defences. Contact Attorney Dil Gosal without delay. At arraignment or first appearance, always please Not Guilty, until you have consulted with a lawyer. You can always change your plea afterwards.

Large Blue Paper (ADP Suspension): Notice of Administrative Driving Prohibition (ADP) under 94.1 of the Motor Vehicle Act, Certificate of Service under s.94.3 of the MVA.  You will likely be issued this if you blew over .08, or refused to provide a breath sample.

If you were provided this on the day of your arrest, you must act immediately otherwise, you may lose your license for 90 days automatically. You have a right to have the Prohibition (suspension) reviewed by the Superintendent of Motor Vehicles under s.94.4 of the Motor Vehicle Act. If you do not file a review within 7 days of the Notice of Prohibition, you will be prohibited from driving effective 21 days from the date of service of the Notice of Driving Prohibition.

The Superintendent does not consider compassionate grounds for your review. You won’t get a reversal if you’re a nice guy, or have a mortgage to pay, with 3 kids, and need your license for work. The defences are ones based on documentary evidence and legal arguments. That’s why you should consult us immediately. We have helped numerous drivers Win their appeals, and get back their licenses. Of course, there is no guarantee of success, but because we practice in this area, we have a good understanding of the legal principles involved, and the questions of fact and issues of laws that arise in this case.  Once we make submissions on your behalf, we then await the decision of the Adjudicator.  That decision is final from ICBC, except that it can be reviewd under the Judicial Review Procedure Act, before a BC Supreme Court Judge.

Small Blue Paper (24 Hour Driving Prohibition): If you were given this form, it is probablly a 24 hour Driving Prohibition.  Again, you must appeal within 7 days, or else it will form part of your Driving Record and Abstract.  ICBC Driver Services, through the Office of Superintendant of Motor Vehicles may require you to attend Stroh’s Alcohol Clinic before being relicensed.  If you receive two or more 24 Hour Prohibitions within a year, you will face separate fines under ICBC Driver Risk Program.  The grounds for appeal are limited to: 1) that they cannot prove you were driving or in care or control of the motor vehicle; or 2) the officer failed to administer a blood alcohol test when requested to do so.  These are legal issues where we can assist you in your appeal.

Vehicle Impoundment Program:

On a 24 Hour Prohibtion, the officer can also cause the vehicle to be impounded for 24 hours, and this impoundment is not appealable.
A vehicle is towed, stored, and locked at an impoundment lot, for 30 days if you do not have a valid license, and have been previouslly convicted of driving without a valid license.
A vehicle will be impounded for 60 days if your license is prohibited, or you have been previouslly convicted of driving while prohibited.
If your vehicle was involved in a drag or street race, the officer can cause the vehicle to be impounded for 48 hours, or up t0 30/60 days if previous street racing or driving while prohibited status. 

At the end of the impoundment, you will have to obtain a Request for Release form from ICBC, and attend to the impoundment, and pay impoundment and storage fees.  Typically, this is about $15-$25 per day!

Appealing the Impoundment: in certain cases, we can appeal the impoundment on grounds of economic hardship, or other grounds. 

First Appearance & Fingerprints:

You’ve signed a Promise to Appear, or have been given a Summons to attend Court. Contact us before going to court. We can appear on your behalf in court, which will allow you to work, and not have to attend the first court appearances, subject to the court’s order or trial dates. If you do not have counsel, the reality is you may be waiting several hours for your name to be called on the docket.

The Penalties are equally harsh, and double edged. Penalties can occur on both the Criminal Side and the Civil Side, and an Enhanced Penalty scheme for certain offenders.

Civil Penalties: On a first offence (even if found not guilty), the DOL and the Superintendent of Motor Vehicles will civilly suspend your driver licence for 90 days, unless you pay fees to contest the hearing and win it. BC does not offer occupational driver permits.

In British Columbia, the offenses (Impaired, over .08, and refusal) are criminal offences, and can be charged as Summary, or as Indictable matters.

Under the New Legislative scheme of the Criminal Code, RSC

-On your First Conviction:

- a mandatory minimum Court Fine of $1,000, plus
-15% Victim Fine Surcharge of the Court Fine
-1 year Driving Ban (Prohibition) across Canada

-On your Second Conviction:

- a mandatory minimum of 30 days jail
- a mandatory minimum of a 2-5 Year Driving Ban (Prohibition) across Canada from the Criminal Court
-a minimum 3 Year driving prohibition from the Office of Superintendant of Motor Vehicles (OSMV)
-10 Driver Points on your License from ICBC or
-Driver Risk Premiums

-On your Third or Subsequent Conviction:

-mandatory minimum of 90 days jail
-possible lifetime license prohibition
-10 Driver Points on your License from ICBC or
-Driver Risk Premiums

ICBC Consequences from Criminal Convictions:

-Driver Point Premiums (“DPP”) for Impaired offences, which can lead to additional license prohibitions, and large payments for DPP. 
-Driver Risk Premiums (“DRP”) for Impaired offences, which lead to large fines. One conviction will result in $905 of penalties.  A second conviction will be $3,760.  DRP is separate from Autoplan, so you will be billed even if you don’t insure a vehicle.  If you don’t pay, then ICBC will charge interest on the debt, and may refuse to issue you a license or deal with insurance transfers, until the debt is paid.
-Ignition Interlock: Installing a device into any car that you operate, which tests for breath alcohol. The machine can be costly to install and maintain, and depending on the circumstances, may be required for up to 10 years.
-Automatic Insurance Breach: you may have to pay for all the property damage to the vehcile you were in, damage to other vehciels, and tort or personal injury claims, and legal fees from injured parties.

The Crown and the State are serious about prosecuting you; you should be just as serious about getting legal representation to protect your rights. Don’t underestimate the power of the State, and don’t underestimate the power of a defence lawyer.

The BAC Datamaster machine attempts to determine what your blood alcohol concentration (BAC) is, by taking samples of you breath. The Datamaster uses infrared spectroscopy (IS) to try and capture and absorb any ethanol (alcohol) molecules. There are a number of problems that can cause false, and high readings.

The Datamaster has many high-tech components, and as we all know from our own computer use, things can go wrong and crash. Operator error can also affect the result, as can simulator solutions, and problems with the E-prom chips. Software errors, and problems with the thermistor, and sample chamber can also cause problems. Improper procedural safeguards can also call into question the evidentiary significant of the results.

This is a highly complex area of the law, and requires a forensic understanding. Contact D. Gosal & Associates immediately if you have been charged with an alcohol-related offence. Just because the machine says you were over .08, does not necessarily mean that your BAC was in fact over .08.

In Washington State, if you lose the DOL hearing, in addition to the license suspension, you will be required to get SR-22 insurance (financial responsibility) for 3 years (even before an occupational license is granted), and have to pay relicensing fees.

Statutorily-Enhanced Penalties: In Washington State, if your BAC reading is above .15, or you are found to have refused, your penalties grid is higher, on both the Civil Side and Criminal Side. License suspensions can increase to two years on the Civil Side.

Criminal Side: Washington State legislators have made DUI a Gross Misdemeanor, which comes with a maximum of 365 days in jail and $5,000 in fines. Mandatory minimums jail sentences also apply, as do Implied Consent Statutes.

In Washington State with a BAC reading under .15, you will receive:
-On a first offense, 1 day jail or Electronic Home Monitoring (“EHM”) for 15 days.
-On a second offence within 7 years, you will get 30 days jail, plus 60 days EHM.
-On a third offence within 7 years, you will get 90 days jail, plus 120 days EHM.

In Washington State, with a BAC reading of over .15, or a refusal, you will receive:
-On a first offense, 2 days jail, or EHM for 30 days, plus 1 year license revocation.
-On a second offense, 45 days jail, plus 90 days EHM, plus 900 day license revocation.
-On a third offense, 120 days jail, plus 150 days EHM, plus a 4 year license revocation.
-Under either sentencing grid, You may also be required to obtain alcohol/drug treatment
evaluations and follow treatment plans. You can have a period of probation supervision,
where the balance of the 365 days are suspended, and available to the judge if you breach a
condition.