Some drivers make the mistake of assuming they do not need a lawyer for their first DUI charge. This error can prove costly as drivers often mishandle their defence or underestimate the consequences of a conviction.
British Columbia has some of the strictest impaired driving laws in Canada with harsh punishments for first-time offenders and increased consequences for repeat offenders. Even if your driving record is otherwise clean, a first DUI can have long-term, serious effects. So, if you want to defend yourself against an impaired driving charge, it is recommended you hire a lawyer to improve your chances of success.
Punishments for first DUI in BC
The penalties for a first DUI in BC are severe. There is no such thing as letting someone off with a warning when it comes to impaired driving in the province.
If you register a “Warn” on an Approved Screening Device, the police may issue you an Immediate Roadside Prohibition (IRP). A “Warn” is a blood alcohol content (BAC) reading 0.05 and 0.08. If it is the first time you have given a “Warn” reading, the police officer may issue a three-day driving prohibition and impound your vehicle for three days. As well as a $200 fine, you will also have to pay a $250 licence reinstatement fee and also towing and storage costs for your vehicle.
The punishments increase the second time you register a “Warn” within a five-year period. Both the prohibition and the length of time your vehicle will be impounded rises to seven days. The fine also increases to $300.
A third “Warn” within five years will result in a 30-day driving prohibition and vehicle impoundment and a fine of $400. The Superintendent of Motor Vehicles may also require that you participate in the Responsible Driver Program, a multi-day course that costs around $1,000. The Superintendent may also order you to install an ignition interlock device into your vehicle.
If you register a “Fail” on an ASD, a BAC reading above 0.08, you will automatically get a 90-day IRP. The punishments for a 90-day IRP include being banned from driving for 90 days, a 30-day vehicle impoundment, a fine, and a licence reinstatement fee. The Superintendent of Motor Vehicles may also refer a person to the Driver Improvement Program and Ignition Interlock Program.
While an IRP is not a criminal charge, the punishments are still severe. An IRP will remain on your permanent driving record and can have a long-lasting impact on your life.
Federal level
In 2018, the federal government introduced harsher sentences for impaired driving under the Criminal Code. Now, if you are convicted of a criminal DUI in Canada you face a mandatory minimum fine of $1,000 for a first offence. The maximum punishment for a first impaired driving offence under the Criminal Code can be up to 10 years in prison in the most serious cases. That’s right, a jail sentence is still on the table for a first DUI.
The minimum sentence for a second DUI conviction is 30 days in prison and for a third offence, 120 days.
If you refuse or fail to provide a sample of breath at the roadside, the minimum fine is $2,000. You can also expect a one-year driving prohibition, even for a first offence.
Should I hire a lawyer for a first DUI?
A first DUI can be a confusing event. You might have an otherwise perfect driving record and all of a sudden you are facing punishments usually associated with repeat offenders. It might be hard to believe but it’s the reality.
If you want to challenge a DUI and make sure your driving record remains unblemished, it is important you do not lose time in mounting a defence. It is recommended you hire a lawyer to help you, even if it is the first time you have been charged. There is a lot at stake and you stand a much better chance if you get professional help.
At Acumen Law Corporation, a lot of our clients are people who have never been charged with impaired driving before. We are able to resolve their matter, often without the need of a trial, and they are able to get on with their lives. To find out more about how we can help, call 604-685-8889.