What to Expect When Facing Criminal DUI / IRP or Impaired Driving Charges

You’ve been arrested for DUI/ Impaired Driving or Refusal and 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.

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 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 fingerprint. And you never thought this would happen, your first court appearance before a Judge. If you’re found guilty, you get:

  1. 1 Year License Suspension with no work-exceptions
  2. Criminal Record – Travel restrictions, including WA State/ US Border
  3. 10 Driver Points on your BC driver license – or ICBC Driver Risk Premiums per year for 3 years
  4. $1,000 fine
  5. 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.

CLICK HERE for The New Driving Suspension – Prohibition Scheme

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, have a mortgage to pay, have 3 kids and need your license for work. The defences are 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 specialize 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 type of 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 reviewed 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 probably a 24 hour Driving Prohibition. Again, you must appeal within 7 days, or else it will become 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.  Hiring an experienced DUI Trial Lawyer helps ensure the best outcome for your case. Surrey DUI Lawyer Dil Gosal has over a decade of trial experience and can provide legal representation as you face criminal DUI charges.