There are now a number of different types of DUIs in BC and we defend all of them. The most common two types of DUIs are Immediate Roadside Prohibitions and Criminal Code drunk driving charges. We receive a lot of calls from people who don’t know what type of DUI they’ve got. So here is a quick breakdown of the types of DUIs in BC that are most common and what it all means.
Immediate Roadside Prohibitions – IRP
These are the most common DUIs in BC. The entire process happens at the roadside. A police officer uses an Approved Screening Device (ASD) to test the suspected DUI driver. If the reading is a Warn, there is a minimum 3-day Immediate Roadside Prohibition and vehicle impound. If the roadside breathalyzer blow shows a Fail reading or the suspect refuses to blow into the ASD, the Immediate Roadside Prohibition is 90-days and the vehicle impound is 30.
The driver needs to pay for a bunch of things including a fine (called a monetary penalty) a license reinstatement fee, towing and 30-days storage for the vehicle. In addition the driver (poor soul) is facing a likelihood of having to complete a course called the Responsible Driver Program at a cost over $900 and may need to have an interlock installed in their vehicle before they can get back on the road.
If you get an IRP, call us. Many people contact us after they lose their case because they tried to appeal their IRP on their own or because they didn’t know about us. You shouldn’t wait to call us if you just received an IRP. Remember that you only have 7 days to file to dispute your IRP.
We defend Immediate Roadside Prohibition DUIs for people from every corner of BC. We succeed in more cases than anyone else (stats are available if you want to review all of the tribunal decisions).
Criminal Code DUIs
The most common Criminal DUIs in BC are impaired driving / impaired operation of a motor vehicle and driving with more than eighty milligrams of alcohol in one hundred millilitres of blood (“over .08”). These are criminal charges and unless you have been given a Promise to Appear or other document that forces you to go to court, chances are that you’re not facing a Criminal DUI.
The criminal charges are now rarely used in BC because the police almost always prefer to issue IRPs. Although the offence may be the same, i.e. having more than .08% alcohol in your blood, in BC a criminal charge carries much harsher punishment.
In addition to a 90-day driving prohibition that begins usually 21-days after the incident, the suspect must attend court, face the criminal charges and if convicted, it comes with an automatic criminal record, $1000 fine, one-year license prohibition as well as the RDP and an interlock in their car when the year is up.
If you get criminal DUI, call us. The 90-day ADP driving prohibition that comes with a Criminal Code DUI must be disputed within 7 days.
We defend Criminal Code driving charges in every city and town in BC where there is a courthouse. We do good work.