Criminal impaired driving DUI cases, including refusing to provide a breath sample, result in a criminal conviction if found guilty. If you have a document that tells you that you must go to court, you may have a criminal impaired driving case. Paul Doroshenko has successfully defended hundreds of criminal DUIs in courthouses around BC. The criminal lawyers at Acumen have succeeded in cases where the breathalyzer tests showed readings 5 times the legal limit, and where the blood test showed the driver being well over 5 times the legal limit.
Re: Impaired Driving – DUI / Over .08 (Client 2219)
Lawyer: Paul Doroshenko
Client driving his vehicle home from a private party collides with a number of parked vehicles. Charged with impaired driving, “over .08” as well as being issued a 90-day ADP Administrative Driving Prohibition.
Vancouver police, fire department and ambulance attend following a dramatic collision with parked cars on a Vancouver street. The driver is pulled from the burning vehicle and held for emergency responders. The client is arrested and provides breath samples in excess of the legal limit.
HELD: NOT GUILTY
The ADP is revoked on the application for review of Mr. Doroshenko. The evidence for the criminal charge does not establish a lawful arrest and the breath samples are inadmissible. The evidence of impairment is insufficient to ground a conviction for impaired driving.