Anonymous

Difference between revisions of "Impaired Driving"

From Clicklaw Wikibooks
116 bytes removed ,  03:03, 15 September 2020
no edit summary
m (Elena Renderos moved page Impaired Driving (No. 190) to Impaired Driving: Removing recording numbers from page names)
Line 1: Line 1:
{{REVIEWEDPLS | reviewer = [https://vancouvercriminallaw.com/criminal-lawyers-vancouver-richmond-surrey-victoria/paul-doroshenko/ Paul Doroshenko QC], Acumen Law Corporation|date= February 2019}} {{Dial-A-Law TOC|expanded = crime}}
{{REVIEWEDPLS | reviewer = [https://vancouvercriminallaw.com/criminal-lawyers-vancouver-richmond-surrey-victoria/paul-doroshenko/ Paul Doroshenko QC], Acumen Law Corporation|date= February 2019}} {{Dial-A-Law TOC|expanded = crime}}
'''Impaired driving''' is a serious offence with complex legal and technical issues, as well as significant penalties if you’re convicted. Learn what to expect if you’re charged with impaired driving.  
'''Impaired driving''' is a serious offence with complex legal and technical issues, as well as significant penalties if you’re convicted. Learn what to expect if you’re charged with impaired driving.


==Understand your legal rights==
==What you should know==


===BC and Canada both have impaired driving laws===
===BC and Canada both have impaired driving laws===
Both BC and Canada have laws against driving while impaired by alcohol or drugs. Often, only [http://canlii.ca/t/847n the BC law] applies. Sometimes, federal law (the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec320.14_smooth Criminal Code]'') applies instead of — or in addition to — BC law.
Both BC and Canada have laws against driving while impaired by alcohol or drugs. Often, only [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html the BC law] applies. Sometimes, federal law ([https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec320.14_smooth the ''Criminal Code'']) applies instead of — or in addition to — BC law.


It’s not a crime to drive with some alcohol or drugs in your body. But it is a criminal offence to drive if your ability to drive is even slightly impaired due to alcohol or drugs.  
It’s not a crime to drive with some alcohol or drugs in your body. But it is a criminal offence to drive if your ability to drive is even slightly impaired due to alcohol or drugs.


This information focuses on drinking and driving.
This information focuses on drinking and driving.
{| class="wikitable"
{| class="wikitable"
|align="left"|'''Tip'''
|align="left"|'''Tip'''
Line 17: Line 16:


===If you are stopped by the police===
===If you are stopped by the police===
If the police lawfully pull you over, they can require you to take the following tests. They can require these tests even if you aren’t driving but have '''care or control'''of a vehicle. You can have care or control of a vehicle even if you were parked — if you were in the driver’s seat and had access to the ignition key.
If the police lawfully pull you over, they can require you to take the following tests. They can require these tests even if you aren’t driving but have '''care or control''' of a vehicle. You can have care or control of a vehicle even if you were parked — if you were in the driver’s seat and had access to the ignition key.


====Police can require you to blow into a roadside screening device====  
====Police can require you to blow into a roadside screening device====  
If the police lawfully stop you, they may demand you give a breath sample by blowing into a hand-held '''approved screening device''' (or ASD). The police can use your test results to issue a driving prohibition or hold you for further investigation.
If the police lawfully stop you, they may demand you give a breath sample by blowing into a hand-held '''approved screening device''' (or ASD). The police can use your test results to issue a driving prohibition or hold you for further investigation.


The screening device tests for alcohol in your breath. Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html#sec215.41_smooth BC law], a '''warn''' result means a blood-alcohol level over 50 milligrams of alcohol in 100 milliliters of blood (over .05). A '''fail''' result means a blood-alcohol level over .08.  
The screening device tests for alcohol in your breath. [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html#sec215.41_smooth Under BC law], a '''warn''' result means a blood-alcohol level over 50 milligrams of alcohol in 100 milliliters of blood (over .05). A fail result means a blood-alcohol level over .08.


If the screening device shows a warn result, the police will probably give you an '''immediate roadside prohibition'''. (We explain these below, under “Common questions”.)
If the screening device shows a warn result, the police will probably give you an '''immediate roadside prohibition'''. (We explain these below, under “Common questions”.)


If the screening device shows a fail, the police may give you an immediate roadside prohibition or they may demand you take a '''breathalyzer test''' as part of a criminal investigation.
If the screening device shows a fail, the police may give you an immediate roadside prohibition or they may demand you take a '''breathalyzer test''' as part of a criminal investigation.


You don’t have the right to speak to a lawyer before you decide whether to blow into a roadside screening device — you have to decide right away whether to blow. Refusing to blow or to provide a sample suitable for the screening device can lead to a driving prohibition or a criminal charge. It is highly advisable to make your best attempt to blow.
You don’t have the right to speak to a lawyer before you decide whether to blow into a roadside screening device — you have to decide right away whether to blow. Refusing to blow or to provide a sample suitable for the screening device can lead to a driving prohibition or a criminal charge. It is highly advisable to make your best attempt to blow.
Tip


{| class="wikitable"
{| class="wikitable"
Line 36: Line 37:
   
   
====Police can require you to take a breathalyzer test====
====Police can require you to take a breathalyzer test====
Under the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec320.28_smooth Criminal Code]'', the police may demand you take a '''breathalyzer test''' if they have reasonable and probable grounds to believe you are committing the offence of impaired driving or have a blood alcohol level at or over .08 within two hours after driving. The police may use a fail reading from a roadside screening test to form their grounds to demand a breathalyzer test.  
[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec320.28_smooth Under the ''Criminal Code''], the police may demand you take a '''breathalyzer test''' if they have reasonable and probable grounds to believe you are committing the offence of impaired driving or have a blood alcohol level at or over .08 within two hours after driving. The police may use a fail reading from a roadside screening test to form their grounds to demand a breathalyzer test.


===If the police demand you take a breathalyzer test===   
===If the police demand you take a breathalyzer test===   
A '''breathalyzer''' is an instrument that measures the alcohol in your breath to see if you have more than 80 milligrams of alcohol in 100 millilitres of blood. If you do, you are “at or over .08”. This amount is the legal limit under the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec320.14_smooth Criminal Code]''.  
A '''breathalyzer''' is an instrument that measures the alcohol in your breath to see if you have more than 80 milligrams of alcohol in 100 millilitres of blood. If you do, you are '''at or over .08'''. [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec320.14_smooth This amount is the legal limit under the ''Criminal Code''].


If the police demand you take a breathalyzer test, you must go with the police to where the breathalyzer instrument is located (usually, the local police station). As well, you must give breath samples (at least two for legally valid tests) so your blood-alcohol level can be analyzed.
If the police demand you take a breathalyzer test, you must go with the police to where the breathalyzer instrument is located (usually, the local police station). As well, you must give breath samples (at least two for legally valid tests) so your blood-alcohol level can be analyzed.


====Your rights when detained====
====Your rights when detained====
When police make this demand, you are legally held, or '''detained'''. The police must tell you of your '''right to a lawyer''' and your '''other rights under the ''Charter of Rights and Freedoms''''' before you provide breath samples. They must also give you a chance to contact a lawyer you choose before you give breath samples. This could be a private lawyer or a duty counsel provided by legal aid. The police must stop trying to get samples or other evidence from you until you have the chance to talk with a lawyer in private.
When police make this demand, you are legally held, or '''detained'''. The police must tell you of your '''right to a lawyer''' and your '''other rights under the ''Charter of Rights and Freedoms''''' before you provide breath samples. They must also give you a chance to contact a lawyer you choose before you give breath samples. This could be a private lawyer or a duty counsel provided by legal aid. The police must stop trying to get samples or other evidence from you until you have the chance to talk with a lawyer in private.


If you cannot give a breath sample because of your physical condition, the police may require you to let a qualified medical practitioner or designated police officer take samples of your blood for analysis. You have the right to speak to a lawyer before giving a blood sample.
If you cannot give a breath sample because of your physical condition, the police may require you to let a qualified medical practitioner or designated police officer take samples of your blood for analysis. You have the right to speak to a lawyer before giving a blood sample.
Line 54: Line 55:


===If you refuse to blow (give a breath or blood sample)===
===If you refuse to blow (give a breath or blood sample)===
If the police demand it, you must blow into a roadside screening device, and take a breathalyzer test. You must do these things unless you have a '''reasonable excuse''' not to. If you refuse to do them, you are committing an offence.  
If the police demand it, you must blow into a roadside screening device, and take a breathalyzer test. You must do these things unless you have a '''reasonable excuse''' not to. If you refuse to do them, you are committing an offence.


Generally, it is best to genuinely try to provide proper breath samples if the police demand you do so. You have a legal duty to make genuine attempts to provide suitable breath samples. Making genuine attempts to blow that do not work is not an offence.  
Generally, it is best to genuinely try to provide proper breath samples if the police demand you do so. You have a legal duty to make genuine attempts to provide suitable breath samples. Making genuine attempts to blow that do not work is not an offence.


Courts are strict about what a reasonable excuse is. For example, you may have a reasonable excuse to refuse a breathalyzer demand if the police don’t let you speak privately to a lawyer first. But you must assert or claim your right to a lawyer. This means that when the police tell you your rights under the Charter, you must say you want to use, or '''exercise''', those rights and speak to a lawyer.  
Courts are strict about what a reasonable excuse is. For example, you may have a reasonable excuse to refuse a breathalyzer demand if the police don’t let you speak privately to a lawyer first. But you must assert or claim your right to a lawyer. This means that when the police tell you your rights under the Charter, you must say you want to use, or '''exercise''', those rights and speak to a lawyer.


The legal issues are complex and the best suggestion is this: if the police demand you take a breathalyzer test, talk to a lawyer before doing so. Then, follow the lawyer’s advice.
The legal issues are complex and the best suggestion is this: if the police demand you take a breathalyzer test, talk to a lawyer before doing so. Then, follow the lawyer’s advice.


===If you are charged with a criminal offence===  
===If you are charged with a criminal offence===  
Police can charge you with any of three impaired driving-related offences under the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec320.14_smooth Criminal Cod]'':
Police can charge you with [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec320.14_smooth any of three impaired driving-related offences under the ''Criminal Code'']:
*'''impaired driving''' (driving while your ability to operate a vehicle is impaired by alcohol or a drug)
 
*having a blood-alcohol concentration at or over 80 milligrams of alcohol in 100 milliliters of blood within two hours after driving ('''at or over .08''')
* '''impaired driving''' (driving while your ability to operate a vehicle is impaired by alcohol or a drug)
*failing or refusing to provide breath or blood samples on demand ('''refusing to blow''')
* having a blood-alcohol concentration at or over 80 milligrams of alcohol in 100 milliliters of blood within two hours after driving ('''at or over .08''')
* failing or refusing to provide breath or blood samples on demand ('''refusing to blow''')


These charges can apply if you’re driving a vehicle, a boat, a plane, or other vessel. The charges can apply even if you weren’t driving and didn’t move the vehicle — as long as you had '''care or control'''of it. You can have care or control of a vehicle even if you were parked — if you were in the driver’s seat and had access to the ignition key.
These charges can apply if you’re driving a vehicle, a boat, a plane, or other vessel. The charges can apply even if you weren’t driving and didn’t move the vehicle — as long as you had '''care or control''' of it. You can have care or control of a vehicle even if you were parked — if you were in the driver’s seat and had access to the ignition key.


If your breathalyzer results were at or over .08, you will typically be charged with being at or over .08 within two hours of driving. If you failed to give a breath or blood sample, you will be charged with refusing to blow. In either case, you will also typically be charged with impaired driving.
If your breathalyzer results were at or over .08, you will typically be charged with being at or over .08 within two hours of driving. If you failed to give a breath or blood sample, you will be charged with refusing to blow. In either case, you will also typically be charged with impaired driving.
Line 76: Line 78:


====Going to court====
====Going to court====
If you are charged with any of the three ''Criminal Code'' offences, you will have to go to court (or have an agent go on your behalf). As there are a number of complex technical and legal issues, it is highly advisable to get help from a lawyer. We suggest options shortly for finding a lawyer.
If you are charged with any of the three ''Criminal Code'' offences, you will have to go to court (or have an agent go on your behalf). As there are a number of complex technical and legal issues, it is highly advisable to get help from a lawyer. We suggest options shortly for finding a lawyer.


===If you fight the criminal charges in court===
===If you fight the criminal charges in court===
In responding to impaired driving-related charges under the ''Criminal Code'', you must decide how to '''plead'''. [[Pleading Guilty to a Criminal Charge (No. 212)|Pleading guilty]] means you accept responsibility for the offence. Pleading “not guilty” means the court will set a '''trial'''.
In responding to impaired driving-related charges under the Criminal Code, you must decide how to plead. [[Pleading Guilty to a Criminal Charge|Pleading guilty means you accept responsibility for the offence]]. Pleading “not guilty” means the court will set a '''trial'''.


At the trial, the prosecutor must prove beyond a reasonable doubt that you committed the offence.  
At the trial, the prosecutor must prove beyond a reasonable doubt that you committed the offence.


For '''impaired driving''', the prosecutor must prove your ability to drive a motor vehicle was impaired by alcohol or a drug. The prosecutor does not have to prove you were drunk.
For '''impaired driving''', the prosecutor must prove your ability to drive a motor vehicle was impaired by alcohol or a drug. The prosecutor does not have to prove you were drunk.


For '''at or over .08''', the prosecutor must prove your blood-alcohol concentration was at or over 80 milligrams of alcohol in 100 milliliters of blood within two hours after you drove. The prosecutor must show the evidence of your blood-alcohol concentration was legally obtained.  
For '''at or over .08''', the prosecutor must prove your blood-alcohol concentration was at or over 80 milligrams of alcohol in 100 milliliters of blood within two hours after you drove. The prosecutor must show the evidence of your blood-alcohol concentration was legally obtained.


For '''failing to blow''', the prosecutor must prove you failed to give samples — without a reasonable excuse.
For '''failing to blow''', the prosecutor must prove you failed to give samples — without a reasonable excuse.
Line 96: Line 98:
For a first offence of at or over .08 or impaired driving, the '''mandatory minimum sentence''' is a $1,000 fine and a driving prohibition of at least one year and up to three years. That is the usual sentence, unless the judge considers your case more serious because of aggravating facts such as high breathalyzer readings or an accident. For a first offence of refusing to blow, the mandatory minimum sentence is a $2,000 fine and a driving prohibition of at least one year and up to three years. Any conviction under these sections of the ''Criminal Code'' means you get a '''criminal record'''. A judge cannot give you a discharge.
For a first offence of at or over .08 or impaired driving, the '''mandatory minimum sentence''' is a $1,000 fine and a driving prohibition of at least one year and up to three years. That is the usual sentence, unless the judge considers your case more serious because of aggravating facts such as high breathalyzer readings or an accident. For a first offence of refusing to blow, the mandatory minimum sentence is a $2,000 fine and a driving prohibition of at least one year and up to three years. Any conviction under these sections of the ''Criminal Code'' means you get a '''criminal record'''. A judge cannot give you a discharge.


Previous drinking and driving convictions mean higher penalties — usually at least 30 days in jail for a second offence, and at least 120 days in jail for each offence after that. Plus, driving prohibitions are longer: between three and five years for a second conviction and a lifetime prohibition for a third or later conviction.  
Previous drinking and driving convictions mean higher penalties — usually at least 30 days in jail for a second offence, and at least 120 days in jail for each offence after that. Plus, driving prohibitions are longer: between three and five years for a second conviction and a lifetime prohibition for a third or later conviction.


====If there was an accident====
====If there was an accident====
If you were in an accident, you may be personally responsible for all the costs ICBC pays. And if you kill or injure someone while driving impaired, you risk being sued for a lot of money and having your insurance company deny coverage. The penalty for killing someone while impaired or at or over .08 is always a jail term. It’s the same for refusing to blow if it was reasonable to assume that the driving caused death or bodily harm.  
If you were in an accident, you may be personally responsible for all the costs ICBC pays. And if you kill or injure someone while driving impaired, you risk being sued for a lot of money and having your insurance company deny coverage. The penalty for killing someone while impaired or at or over .08 is always a jail term. It’s the same for refusing to blow if it was reasonable to assume that the driving caused death or bodily harm.


====Insurance premiums====
====Insurance premiums====
An impaired driving-related conviction under the ''Criminal Code'' means you will pay more in vehicle insurance premiums, under an ICBC program called '''driver risk premiums'''. This program applies to more serious driving offences. For more, see our information on [[The Points System and ICBC (No. 187)|the points system and ICBC (no. 187)]].  
An impaired driving-related conviction under the Criminal Code means you will pay more in vehicle insurance premiums, under an ICBC program called '''driver risk premiums'''. This program applies to more serious driving offences. For more, [[The Points System and ICBC|see our information on the points system and ICBC]].


====Criminal record====
====Criminal record====
A conviction under the ''Criminal Code'' stays on your criminal record and driving record forever. After some time, you can usually ask for a [[Criminal Records and Record Suspensions (No. 205)|record suspension]], which limits access to your criminal record, but even that won’t erase the conviction from your record.
A conviction under the ''Criminal Code'' stays on your criminal record and driving record forever. After some time, you can usually [https://dialalaw.peopleslawschool.ca/criminal-records-and-record-suspensions/ ask for a record suspension], which limits access to your criminal record, but even that won’t erase the conviction from your record.


==Common questions==
==Common questions==


===Can the police prohibit me from driving based on my roadside screening test results?===
===Can the police prohibit me from driving based on my roadside screening test results?===
Yes. Police can issue an '''immediate roadside prohibition''' if your breath sample on a roadside screening device shows a warn or fail result, and police have reasonable grounds to believe your ability to drive is affected by alcohol.  
Yes. Police can issue an '''immediate roadside prohibition''' if your breath sample on a roadside screening device shows a warn or fail result, and police have reasonable grounds to believe your ability to drive is affected by alcohol.


Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html#sec215.41_smooth BC law], a '''warn''' result means a blood-alcohol level over 50 milligrams of alcohol in 100 milliliters of blood (over .05). A '''fail''' result means a blood-alcohol level over .08.  
[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html#sec215.41_smooth Under BC law], a '''warn''' result means a blood-alcohol level over 50 milligrams of alcohol in 100 milliliters of blood (over .05). A '''fail''' result means a blood-alcohol level over .08.


If you get a '''warn''' result, the driving prohibition police can issue will vary depending on whether you have previous roadside prohibitions. If it is your first prohibition, you’ll get a '''3-day driving prohibition'''. You’ll get a 7-day driving prohibition for a second prohibition, and a 30-day driving prohibition for any subsequent prohibition.  
If you get a '''warn''' result, the driving prohibition police can issue will vary depending on whether you have previous roadside prohibitions. If it is your first prohibition, you’ll get a '''3-day driving prohibition'''. You’ll get a 7-day driving prohibition for a second prohibition, and a 30-day driving prohibition for any subsequent prohibition.


If you get a '''fail''' result, the driving prohibition police can issue will be for '''90 days'''.  
If you get a '''fail''' result, the driving prohibition police can issue will be for '''90 days'''.


If police give you an immediate roadside prohibition, they will also '''impound''' your vehicle (have it towed). You will be required to pay for the towing and storage. You must also pay penalties and fees, and participate in driver safety programs. As well, your vehicle insurance premiums may increase.  
If police give you an immediate roadside prohibition, they will also '''impound''' your vehicle (have it towed). You will be required to pay for the towing and storage. You must also pay penalties and fees, and participate in driver safety programs. As well, your vehicle insurance premiums may increase.


{| class="wikitable"
{| class="wikitable"
|align="left"|'''Tip'''
|align="left"|'''Tip'''
Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html#sec215.42_smooth BC law], if your breath sample on a roadside screening device shows a warn or fail result, you have the right to request a second test using a different roadside screening device. You get the benefit of the lower of the two readings. The police have to inform you of this right before giving you a driving prohibition.
[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html#sec215.42_smooth Under BC law], if your breath sample on a roadside screening device shows a warn or fail result, you have the right to request a second test using a different roadside screening device. You get the benefit of the lower of the two readings. The police have to inform you of this right before giving you a driving prohibition.
|}
|}
   
   
===Can the police prohibit me from driving even if they don’t give me a breath test?===
===Can the police prohibit me from driving even if they don’t give me a breath test?===
Yes. Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html#sec215_smooth BC’s driving laws], if the police have reasonable grounds to believe a driver’s ability to drive is affected by alcohol or a drug, they can issue a '''24-hour roadside prohibition'''. They do not have to test your blood-alcohol level. If you disagree, you can ask for a breath test on a roadside screening device. But if you get a warn or fail result on the screening device, police can use it to issue an immediate roadside prohibition or to hold you for a criminal investigation.
Yes. [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html#sec215_smooth Under BC’s driving laws], police can issue a '''24-hour roadside prohibition''' if they have reasonable grounds to believe a driver’s ability to drive is affected by alcohol or a drug. They do not have to test your blood-alcohol level. If you disagree, you can ask for a breath test on a roadside screening device. But if you get a warn or fail result on the screening device, police can use it to issue an immediate roadside prohibition or to hold you for a criminal investigation.


===Can I challenge a driving prohibition issued by the police?===
===Can I challenge a driving prohibition issued by the police?===
Yes. Police send a copy of any driving prohibition notice they issue to ICBC to be placed on your driver’s record. You can ask RoadSafetyBC for a '''review''' of a driving prohibition. You must apply '''within seven days''' of when you get the notice of prohibition.
Yes. Police send a copy of any driving prohibition notice they issue to ICBC to be placed on your driver’s record. You can ask RoadSafetyBC for a '''review''' of a driving prohibition. You must apply '''within seven days''' of when you get the notice of prohibition.


To ask for the review, you fill in an application form available at any ICBC [https://www.icbc.com/locators/Pages/default.aspx driver licensing office]. You must also pay a fee that depends on whether you make your case in writing or orally. A decision will usually be made within 21 days of when you got the prohibition notice. The [https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/driving-prohibitions-suspensions/disputes-appeals-reviews grounds to dispute] the prohibition vary depending on the type of prohibition. The possible defences are not limited to the grounds to dispute. An expert on police procedure may be available through a lawyer to provide evidence in your case. Close to a quarter of immediate roadside prohibitions are '''revoked''' (cancelled) on review.
To ask for the review, [https://www.icbc.com/locators/Pages/default.aspx you fill in an application form available at any ICBC driver licensing office]. You must also pay a fee that depends on whether you make your case in writing or orally. A decision will usually be made within 21 days of when you got the prohibition notice. [https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/driving-prohibitions-suspensions/disputes-appeals-reviews The grounds to dispute the prohibition vary depending on the type of prohibition]. The possible defences are not limited to the grounds to dispute. An expert on police procedure may be available through a lawyer to provide evidence in your case. Close to a quarter of immediate roadside prohibitions are '''revoked''' (cancelled) on review.


During the review process, you are still prohibited from driving.
During the review process, you are still prohibited from driving.


===Are the rules different for new drivers?===
===Are the rules different for new drivers?===
A new driver participating in BC’s graduated licensing program (a learner or novice driver) can be given a '''12-hour roadside suspension of their driver’s licence''' if a breath test on an approved screening device shows they have '''any''' alcohol in their body. There is no review available of this suspension.
A new driver participating in BC’s graduated licensing program (a learner or novice driver) can be given a '''12-hour roadside suspension of their driver’s licence''' if a breath test on an approved screening device shows they have any alcohol in their body. There is no review available of this suspension.


As well, they have to start their current stage of the licensing program over again (for example, novice drivers will start over at the beginning of their 24-month N licensing period).  
As well, they have to start their current stage of the licensing program over again (for example, novice drivers will start over at the beginning of their 24-month N licensing period).


If a new driver gets a result over .05 on a screening device, they also face the regular consequences fully-licensed drivers face.
If a new driver gets a result over .05 on a screening device, they also face the regular consequences fully-licensed drivers face.
Line 147: Line 149:
A breathalyzer instrument captures a tiny bit of breath toward the end of the blowing sequence to measure the '''concentration of alcohol in your breath'''. Alcohol in the breath sample condenses on a small metal surface. The alcohol generates an electrical current, which a computer in the breathalyzer measures. The computer calculates an estimated blood-alcohol concentration based on the estimated breath-alcohol concentration. It reports the results in milligrams per 100 milliliters. A reading of at or over 80 milligrams (called “at or over .08”) means you can be convicted of a criminal offence for having a prohibited blood-alcohol content within two hours after driving.
A breathalyzer instrument captures a tiny bit of breath toward the end of the blowing sequence to measure the '''concentration of alcohol in your breath'''. Alcohol in the breath sample condenses on a small metal surface. The alcohol generates an electrical current, which a computer in the breathalyzer measures. The computer calculates an estimated blood-alcohol concentration based on the estimated breath-alcohol concentration. It reports the results in milligrams per 100 milliliters. A reading of at or over 80 milligrams (called “at or over .08”) means you can be convicted of a criminal offence for having a prohibited blood-alcohol content within two hours after driving.


The technician who operates the approved instrument will ask you to blow into a plastic mouthpiece connected to the breath tube attached to the side of the instrument. It can take several minutes to analyze the sample. The technician will wait at least 15 minutes and then usually ask you to do it again. When the test is finished, a police officer will give you a '''certificate''' describing the test results. Keep this document in its original condition. Don’t write on it or damage it.
The technician who operates the approved instrument will ask you to blow into a plastic mouthpiece connected to the breath tube attached to the side of the instrument. It can take several minutes to analyze the sample. The technician will wait at least 15 minutes and then usually ask you to do it again. When the test is finished, a police officer will give you a '''certificate''' describing the test results. Keep this document in its original condition. Don’t write on it or damage it.


===What if I lend my car to someone who drinks and drives?===
===What if I lend my car to someone who drinks and drives?===
Several penalties from drinking and driving apply only to the driver — any driving prohibition, fines or jail sentences, increased vehicle insurance premiums, and driver safety programs. But other consequences apply to the vehicle owner. For example, if your car was impounded, you must pay towing and impoundment fees. If there was an accident, you can be exposed to significant costs. You probably don’t want to lend your car to someone who may drink and drive.
Several penalties from drinking and driving apply only to the driver — any driving prohibition, fines or jail sentences, increased vehicle insurance premiums, and driver safety programs. But other consequences apply to the vehicle owner. For example, if your car was impounded, you must pay towing and impoundment fees. If there was an accident, you can be exposed to significant costs. You probably don’t want to lend your car to someone who may drink and drive.


==Get help==
==Who can help==


===Finding a lawyer===
===Finding a lawyer===
The legal issues for impaired driving can be complex and a conviction can seriously harm you. There are lawyers who specialize in drinking and driving cases. You can call the '''Lawyer Referral Service''' to get the name of a lawyer. For $25 plus taxes, you can speak to the lawyer for 30 minutes about your case, to help decide whether you would want to hire them.
The legal issues for impaired driving can be complex and a conviction can seriously harm you. There are lawyers who specialize in drinking and driving cases. You can call the '''Lawyer Referral Service''' to get the name of a lawyer. You can speak to the lawyer for a free half-hour legal consultation about your case, to help decide whether you would want to hire them.
:Toll-free: 1-800-663-1919
 
:Web: [http://www.cbabc.org/For-the-Public/Lawyer-Referral-Service cbabc.org]
* Call 604-687-3221 (Greater Vancouver) or 1-800-663-1919 (toll-free)
* [http://www.accessprobono.ca/lawyer-referral-service Visit website]
 
You can contact '''Legal Aid BC''' to find out if you qualify for a free lawyer under legal aid.


You can contact '''Legal Services Society''' to find out if you qualify for a free lawyer under legal aid.
* Call 604-408-2172 (Greater Vancouver) or 1-866-577-2525 (toll-free)
:Telephone: 604-408-2172 in Greater Vancouver
* [https://lss.bc.ca/legal_aid/criminalLaw.php Visit website]
:Toll-free: 1-866-577-2525
:Web: [https://lss.bc.ca/legal_aid/criminalLaw.php legalaid.bc.ca]


If you can’t afford to hire a lawyer and you don’t qualify for legal aid, try to talk with a lawyer before deciding how to respond to any charge against you. On your first appearance in court or when you enter your plea, you can talk to '''duty counsel''' at the courthouse. These are lawyers who give free legal advice to people who have a case in the courthouse on that day.
If you can’t afford to hire a lawyer and you don’t qualify for legal aid, try to talk with a lawyer before deciding how to respond to any charge against you. On your first appearance in court or when you enter your plea, you can talk to '''duty counsel''' at the courthouse. These are lawyers who give free legal advice to people who have a case in the courthouse on that day.
:Web: [https://lss.bc.ca/legal_aid/criminalAndImmigrationDutyCounsel.php legalaid.bc.ca]


===More information===  
*[https://lss.bc.ca/legal_aid/criminalAndImmigrationDutyCounsel.php Visit website]
 
===With more information===  
The '''BC government''' website includes information on driving prohibitions, suspensions, and impaired driving.
The '''BC government''' website includes information on driving prohibitions, suspensions, and impaired driving.
:Web: [https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/road-safety-rules-and-consequences/drug-alcohol gov.bc.ca/driving]
 
* Visit website


'''ICBC''' has information on the driver risk premium.
'''ICBC''' has information on the driver risk premium.
Toll-free: 1-800-663-3051
 
:Web: [https://www.icbc.com/driver-licensing/tickets/Pages/Driver-Risk-Premium.aspx icbc.com]
* Call 1-800-663-3051 (toll-free)
* [https://www.icbc.com/driver-licensing/tickets/Pages/Driver-Risk-Premium.aspx Visit website]


{{Dial-A-Law_Navbox|type=courts}}
{{Dial-A-Law_Navbox|type=courts}}
{{Dial-A-Law Copyright}}
{{Dial-A-Law Copyright}}
2,553

edits