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You have the right to '''testify''' (tell the court your story). You don’t have to. But you may want to if you can counter what the witnesses said and raise a reasonable doubt as to whether you were impaired. For example, perhaps you had an ear infection that affected your balance, or some physical problem that caused you to slur your speech. Whether to testify is a decision you ideally make with the help of a lawyer. | You have the right to '''testify''' (tell the court your story). You don’t have to. But you may want to if you can counter what the witnesses said and raise a reasonable doubt as to whether you were impaired. For example, perhaps you had an ear infection that affected your balance, or some physical problem that caused you to slur your speech. Whether to testify is a decision you ideally make with the help of a lawyer. | ||
If you are convicted of criminal charges | ===If you are convicted of criminal charges=== | ||
For a first offence of over .08, impaired driving, or refusing to blow, the mandatory minimum sentence is a $1,000 fine and a driving prohibition between one and 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. This minimum sentence means you get a criminal record. A judge cannot give you a discharge. | For a first offence of over .08, impaired driving, or refusing to blow, the '''mandatory minimum sentence''' is a $1,000 fine and a driving prohibition between one and 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. This minimum sentence 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 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 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. | ||
Tip | ===Insurance premiums=== | ||
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. | 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 (Script 187)|the points system and ICBC (no. 187)]]. | ||
===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 [http://dialalaw.peopleslawschool.ca/criminal-records-and-record-suspensions/ record suspension], which limits access to your criminal record, but even that won’t erase the conviction from your record. | |||
==Common questions== | |||
===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. | |||
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. | |||
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 police give you an immediate roadside prohibition, they can also '''impound''' your vehicle (have it towed). You must also pay penalties and fees, and you may be required to participate in driver safety programs. | |||
{| class="wikitable" | |||
|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. | |||
|} | |||
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 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. 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. | ||
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 Road Safety BC for a review of a driving prohibition. You must ask within seven days of when you get the notice of prohibition. | ===Can I challenge a driving prohibition issued by the police?=== | ||
To ask for the review, 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. The grounds to dispute the prohibition vary depending on the type of prohibition. Close to a quarter of immediate roadside prohibitions are revoked (cancelled) on review. | 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 Road Safety BC for a '''review''' of a driving prohibition. You must ask '''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. 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? | |||
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. | ===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. | |||
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. | ||
How does a breathalyzer instrument work? | |||
Breathalyzer instruments are designed to obtain scientifically and legally valid breath tests. Approved breathalyzer instruments used in Canada test themselves before and after each breath test. They produce a printout of the estimated blood-alcohol concentration. The printout can be used as evidence in court. In BC, breathalyzer instruments are usually located only in designated rooms in police stations. | ===How does a breathalyzer instrument work?=== | ||
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 over 80 milligrams (called “over .08”) means you can be convicted of a criminal offence for being too drunk to drive. | '''Breathalyzer instruments''' are designed to obtain scientifically and legally valid breath tests. Approved breathalyzer instruments used in Canada test themselves before and after each breath test. They produce a printout of the estimated blood-alcohol concentration. The printout can be used as evidence in court. In BC, breathalyzer instruments are usually located only in designated rooms in police stations. | ||
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? | 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 over 80 milligrams (called “over .08”) means you can be convicted of a criminal offence for being too drunk to drive. | ||
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?=== | |||
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 effects 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 effects 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 | |||
Finding a lawyer | ==Get help== | ||
The legal issues for impaired driving can be complex and a conviction can seriously harm you. 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. | |||
Toll-free: 1-800-663-1919 | ===Finding a lawyer=== | ||
Web: cbabc.org | The legal issues for impaired driving can be complex and a conviction can seriously harm you. 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. | ||
You can contact Legal Services Society to find out if you qualify for a free lawyer under legal aid. | :Toll-free: 1-800-663-1919 | ||
Telephone: 604-408-2172 in Greater Vancouver | :Web: [http://www.cbabc.org/For-the-Public/Lawyer-Referral-Service cbabc.org] | ||
Toll-free: 1-866-577-2525 | |||
Web: legalaid.bc.ca | You can contact '''Legal Services Society''' to find out if you qualify for a free lawyer under legal aid. | ||
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. | :Telephone: 604-408-2172 in Greater Vancouver | ||
Web: legalaid.bc.ca | :Toll-free: 1-866-577-2525 | ||
More information | :Web: [https://lss.bc.ca/legal_aid/criminalLaw.php legalaid.bc.ca] | ||
The BC government website includes information on driving prohibitions, suspensions, and impaired driving. | |||
Web: gov.bc.ca/driving | 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. | ||
ICBC has information on the driver risk premium. | :Web: legalaid.bc.ca | ||
Toll-free: 1-800-663-3051 | |||
Web: icbc.com | ===More information=== | ||
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] | |||
'''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] | |||