Impaired Driving
In British Columbia, when you are charged with impaired driving, you will usually be served several documents. Typically, these will include:
- A notice of a 24 hour driving prohibition: a small blue piece of paper.
- Notice of a Driving Prohibition for 90 days: an 8 ½" by 11" blue form.
- A promise to appear on the criminal charge: a form that indicates you must appear in court on a date, usually several weeks later.
- A copy of the Certificate of a qualified technician: a form setting out the readings from breath tests.
Where you have been served with a notice of a 90 day administrative driving prohibition, the prohibition will begin 21 days after you have been served. You will, however, have only 7 days from the date you were served with the Notice to file a dispute and arrange for a hearing to determine the validity of the 90 day administrative prohibition; if you do not you will loose the right to dispute the prohibition. This process is completely separate from the criminal proceedings.
The most serious part of an impaired driving charge is the criminal part of proceeding. This process usually begins with the service of a promise to appear in court.
There are several offences relating to impaired driving allegations that are often listed by police on the promise to appear. These include: operating or having care and control of a motor vehicle while your ability to do so is impaired by alcohol or a drug (impaired driving), operating or having care and control or a motor vehicle while with a blood alcohol level is in excess or 80 milligrams or alcohol per 100 milliliters or blood (over .08), refusal to provide a breath sample and dangerous driving. In British Columbia, however, the police do not have the authority to make the ultimate decision about what charge or charges will be proceeded with. This responsibility rests with Crown Counsel. For this reason, the charges ultimately approved may be different from those listed by police on the promise to appear.
You should also be aware that first appearance date listed by the police on a promise to appear is only the beginning of the criminal process. Typically it will take several months and a number of court appearances before the case is finally resolved.
Typically, once you have retained a lawyer to assist you with your case, it is possible for them to appear in court on your behalf for the number of court appearances that will be required before your case is ready to be heard in a substantive way. This can significantly reduce the time and embarrassment associated with having to appear in court personally on these occasions.
The consequences of being convicted of impaired driving are serious and include a fine or jail as well as a minimum of a one year driving prohibition for a first offence. In addition, a conviction means that you would have a criminal record which can affect your ability to travel or secure employment.
In British Columbia there are additional penalties for impaired driving related convictions that can include indefinite driving prohibitions for subsequent convictions and having to pay for mandatory assessments and counseling regimes.
Simply because you have "blown over" on the breath test does not mean that you will be found guilty of an impaired driving related charge. Not only may the results of the breath test be inaccurate or not properly reflect your blood alcohol level at the time of driving, but the legal requirements for the use of such results are intricate and complicated. It is important to have a lawyer review all of the paperwork that will eventually be provided by the Crown in order to provide you with an informed opinion on the strength of your case.
Even in circumstances where, after reviewing all of the police reports, notes and other material and discussing the circumstances with you, it is determined that the case against you is a strong one, a lawyer may be able to assist in reducing the potential impact on you.
The law with respect to impaired driving is one of the most intricate areas of criminal law. It is important to obtain advice from a lawyer immediately.