Vancouver is the largest urban area in BC so it’s no surprise that the city accounts for the majority of the province’s DUIs. It’s easy to find a DUI lawyer in Vancouver, however, it’s really worth the time and effort to do the research and find the right one for you.
British Columbia, and consequently Vancouver, are unique when it comes to DUI laws. Practicing impaired driving defence whole other ballgame than the rest of the country. Accordingly, it is essential you find a DUI lawyer in Vancouver who know the rules of the game.
This blog will offer some tips when hiring someone for your case as well as some potential pitfalls to look out for.
Extra considerations when hiring a DUI lawyer in Vancouver
Vancouver is not like the rest of the country, or the United States when it comes to hiring a lawyer for a DUI/impaired driving matter. The laws here complex to the point of being impenetrable to those who practice different areas of the law.
For one, the laws governing BC drivers apply to both criminal and administrative legal systems. The Provincial government enacted the Motor Vehicle Amendment Act in 2010 which ushered in a new era of impaired driving law enforcement. From then on, the police had the power to issue administrative charges to someone they suspected of drinking and driving. So now, if someone were to say, “I have a DUI” in Vancouver, it would not be clear if they mean they have a criminal charge or an administrative one. The way the courts deal with each one is completely different.
A lawyer focused on criminal law often lacks the experience of an administrative lawyer and vice versa. That is why, you should ensure you hire a lawyer with a proven track record in whichever one applies to you. Finding someone with experience of both areas is a huge plus.
Experience is the best defence
Unfortunately, mounting an effective DUI defence in Vancouver is not as straight forward as raising a reasonable doubt about the Crown’s evidence. Any criminal lawyer will know how to do that but being a DUI lawyer in Vancouver calls for more than that.
The system is set up so that it’s virtually impossible for someone to fight a 90-day Immediate Roadside Prohibition (IRP) on their own. On the face of it, it might seem straightforward enough to appeal an IRP by yourself. However, traditional defences simply do not work. You need a lawyer who is versed in the IRP process and how what defences actually succeed.
Administrative DUI matters are highly complex and there is no roadmap to success. The only way to win is through experience. That’s why you should hire someone who knows the ropes. The more experience they have, the better.
The right know-how
Another thing to ask yourself when looking for a DUI lawyer in Vancouver is: “do they know their stuff?” DUIs are a highly specialised legal area in BC and choosing someone with the right know-how can make a big difference to your case.
A large percentage of DUI arguments come down to police procedure. Does the lawyer have training in police protocols? Or do they know consultants who do? If they know what the police are supposed to do in certain situations, they’ll be better prepared to identify problems with the case against you.
Do they know how to operate the devices police use in DUI investigations? Do they own said equipment? Are they trained in how to operate it correctly? Again, knowing how police tools work and how they are supposed to be used is a huge asset.
In IRP hearings, knowledge of administrate law and how it applies to the IRP review process is incredibly useful. This is something a lot of people overlook because they simply wouldn’t be aware of how important it is. Being able to navigate both the administrative and criminal systems and knowing when and where to apply principles from one or the other is an important skill for a Vancouver DUI lawyer.
Our DUI team
We have carved a niche for ourselves in criminal and driving law. As the law changed, we changed with it. We immersed ourselves in administrative law principles and how they apply to DUIs in BC. Members of the Acumen team have years of experience dealing with DUIs. We are trained in police procedure and alcohol breath testing equipment – we own the devices the police use and keep them around the office.
Most of the defences we use to overturn IRPs we created ourselves and we are finding new ones all the time. When it comes to DUI defence, we have the skills, the experience and the know-how to succeed.
If you or someone you know received a DUI, call us for a free consultation on 604-685-8889.