When people receive Immediate Roadside Prohibitions or DUI criminal charges in British Columbia, there are two things that they are often concerned about; whether or not they are going to get a criminal record, and the driving prohibition they will get.
If you receive an IRP, you are not going to get a criminal record and so unless you are charged criminally, a criminal record is not a concern.
We want to help you keep your licence, after receiving an IRP or DUI in British Columbia. We know that keeping your licence is an important factor because you, like many people, rely on your driver’s licence to get to and from work, to take the kids to school, to perform a job and to manage the day-to-day activities of life.
Your licence is as important to us as it is to you.
How do you keep your licence after an IRP/DUI?
The most important thing to do after receiving an IRP or a DUI is to take any and all steps necessary to dispute any driving prohibition you have been issued. In most cases, people who are charged with DUI will receive a 90-day driving prohibition.
You need to make sure that any driving prohibition that is issued to you is revoked. Without disputing it successfully and receiving a decision revoking the prohibition, you will not be able to drive.
Driving prohibitions in BC that are a result of DUIs are in effect 24 hours a day, seven days a week, for the duration of the driving prohibition.
To dispute a 90-day prohibition, you need to make sure that you file the application for review within seven days of when you received the prohibition. There are no exceptions to that seven-day period under any circumstances.
This makes it important to contact a lawyer and obtain legal advice as soon as possible. A lot of people consider representing themselves in hearings concerning whether they can keep their license after an IRP or a DUI. In our opinion, this is not advisable.
The defences in these cases are highly technical and require a wealth of knowledge and experience in dealing with DUIs that you may not have. Representing yourself may result in missed arguments that would have allowed you to keep your licence and have the
prohibition revoked.
For a criminal charge for a DUI, navigating the court system can be complex and confusing. There are various procedures and appearances that take place, all of which can contribute to how your case is ultimately resolved. There are certain procedures to follow in order to negotiate a resolution in your case that will allow you to keep your licence, even if it is just for the purposes of work. And a work-restricted driver’s license is not automatic. It can only be ordered in certain circumstances so it is important to have legal representation to know how this can be achieved.
Going at it alone may make it more difficult for you to achieve this goal. You may not know the right steps to take, the right information to present, and to whom you need to present that information, as well as at what stage of the process to present it.
This is why it is so important to obtain legal advice before taking any steps toward trying to keep your licence after an IRP/DUI in BC.
The sooner you call a lawyer, the sooner the process can get started to help you get back on the road and keep your license in BC.