How to beat a DUI in BC

In casual conversation one thing we’re often asked is how to beat a DUI. It’s a funny question because what we’re really being asked is how to drink and drive without facing the law. We know all about the legal schemes to catch DUI drivers in BC, and surprising even to us is that we can predict fairly well where the roadblocks will be located on any given night. And as best as possible, we could actually tell you how to beat a DUI in BC if your plan was to set out to drink and drive.

The thing is, as lawyers we’re not in the business of helping people to commit crimes. And we can’t counsel someone to help them commit an offence. And if your plan is to drive while over .08 or while impaired by alcohol, we’re not here to help you make that happen.

Interestingly, many years ago the Vancouver School Board offered an evening class in how to defend a DUI case. It was taught by a lawyer. We’ve been told about it by one of the students who attended. On the first evening the instructor quickly determined that the students had not enrolled in the course in order to learn how to defend a case in court. Rather, they were all people who wanted to learn how they could drink and drive with impunity. More interesting yet is that, as the story goes, the lawyer went on to teach the students how to screw up police DUI investigations so that the subjects would likely avoid conviction if their matter ever made it to court.

Times have changed and no lawyer would do such a thing today. We’re delighted when we help our clients successfully defend their case, but we don’t condone impaired driving. Our goal is to ensure that we advance all lawful defences to succeed in defending our clients. To that end, we want everyone to know the steps you can take to increase the likelihood of succeeding in challenging a DUI allegation. We want you to know how to beat a DUI in BC by mounting a proper defence. So we won’t help you break the law, but we will help you if you’re now facing a DUI allegation. Whether you’ve got an IRP, or a Criminal Code charge for impaired driving, the following can help you come out of this mess with the least amount of grief, expense and hopefully without a criminal conviction.

So you’ve got a DUI…

In BC there are a few different types of DUIs. We explained this before. You should know that in some respects the worst of your suffering is probably over. You spent an hour or up to four hours being held by the police and then you were released with a pile of papers. There was nothing worse than being arrested, seeing your car towed away and sitting in the backseat of a police car. For most people this is enough of a humiliation that they will never drink and drive again. And if this happened to you just now, you probably still feel absolutely sick. So here’s the first thing you should do: put the papers that the police gave you on the kitchen table and go straight to bed. Everything will be clearer after a few hours of sleep.

Have a shower

Over the years many people have told us that when they had a shower the next morning they realized that it was good to not be in jail and it was important to call a lawyer. For many people the moment of clarity happens in the shower the morning after the DUI arrest. With the water pouring over your head, you will probably come to the conclusion that you need to hire a lawyer and investigate the defences you can use to fight the DUI charge. It’s a good revelation for most people because most people have a defence of some sort or another in most DUI cases.

Look closely at that stack of papers

The papers that the police gave you are very important in defending the DUI case, whether you have an IRP or a Criminal Code impaired driving case. We explained much about them in a previous blog post. After you’ve had a shower, pick up the papers and take a look at them. Don’t make notes on them, whatever you do, because some of those documents may be evidence in your case. And don’t set your coffee on them either. Although we told you to put them on the kitchen table, we don’t want to see a coffee stain on the Certificate of Qualified Technician Who Took Breath Samples. Or on any other document, for that matter.

Look over your papers to determine whether you have a court date. If you do, then you have at least one Criminal Code charge as well as an Administrative Driving Prohibition in most cases. If one of the papers says IRP on the top right corner, then you’ve already been given the get-out-of-jail-free card because the police haven’t charged you with criminal impaired driving, over .08 or refusal. An IRP is a world of grief, but at least you don’t have to go to court. The problem is the process doesn’t approach the level of fairness you see in court. And the damage to you is often far worse than any criminal charge could be.

If you have a criminal charge, don’t panic. Firstly the success rate of the top lawyers is fairly high (ours is fantastic) and secondly unless you had an accident or you’re a repeat offender, you’re not facing jail. The punishment is harsh and lasts a lifetime. But at least you won’t face a Shawshank Redemption like nightmare.

Get professional help

You need a lawyer. Don’t kid yourself – a DUI of any sort is a complex matter that requires specialized knowledge. Regardless of what anyone tells you, these are adversarial cases. The police have collected the evidence and they want you to get all of the punishment that’s coming. The OSMV tribunal is not interested in you. The courts are tough in dealing with impaired driving allegations.

There are a handful of lawyers in BC, like us, with the particular expertise to defend criminal DUI cases. As for IRPs, we succeed more than any other law office. The important thing for you is that you find a lawyer who understands the defences available and who can come up with other defences that may arise from the facts of your case. This may take a number of phones calls. We don’t mind talking to anyone facing a DUI in BC. Feel free to call us.

Move fast

Time is of the essence (this is a legal phrase meaning that if you delay you may lose everything) so you need to move fast. In all DUI cases there are deadlines and limitation periods that come in the blink of an eye. The best thing is to get those papers together, call a lawyer and start talking about your case to someone who knows DUI cases. Lawyers who deal with these cases are usually approachable and passionate about finding the best defence to deal with your DUI case. We can usually figure out very quickly over the phone what needs to be done right away to preserve your rights to defend the allegation.

How to beat a DUI in BC

If you follow these steps you will be in good shape to challenge your DUI allegation. In all cases it’s important not to panic, to inform yourself about what you’re dealing with and to find a lawyer with the particular expertise to get you the best result. If you move too slowly, you run the risk of losing defences that are available had you hired a lawyer right away.

Don’t drive while over .05 or while impaired. This is the most important point. If you find you’re facing a DUI, whether or not you’re guilty, follow our steps on how to beat a DUI in BC and you’ll be in the best position to suffer the least and to come through without this holding you back for the rest of your life.