Impaired Driving

The criminal offence of impaired driving is often referred to as “driving under the influence” or “DUI”.  Specific offences associated to impaired driving are a charge of driving with a blood alcohol level in excess of 0.80, impaired driving, and refusing to provide a breath sample.

The consequences of a conviction are serious.  You will lose your driver's licence for at least one year, have a criminal record, and be fined a minimum of $600.00.  If the incident involves an accident, your insurance will not likely cover any vehicle damage or personal injury claims.  In addition, penalties increase and there are minimum jail sentences if you already have a conviction for an impaired driving offence on your record.   Further, penalties will likely increase if anyone has been injured as a result of driving while impaired.

90-day Administrative Driving Prohibition – Important! You only have 7 days to challenge this prohibition.

In almost all cases in which you are accused of having blown over the legal limit (.08) or failed/refused to provide a breath sample, the police will serve you with a 90-day Administrative Driving Prohibition (“ADP”).  This sanction represents a completely separate process from any criminal charges, and it is handled through the office of the Superintendent of Motor Vehicles.  If you do not challenge this prohibition in any way, then you will have 21 days in which to drive before the prohibition begins.  The process to review, or challenge, this prohibition is simple to commence and, since you only have seven days in which to request a review, you must deal with this quickly.  You can do so at any Motor Vehicle Branch (above McDonalds in Whistler).  For a better understanding of the ADP, you may call us for an explanation.


What You Should Do
If you are charged with impaired driving, do not plead guilty until you have spoken with a lawyer.  You should never even discuss with the police any of the details around how much or how little you had to drink without first consulting with your lawyer. 

If you have been stopped by the police and they ask to blow into a roadside screening device, you are obligated by law to provide a sample of your breath unless you have a lawful excuse.  As well, you are not entitled to speak with a lawyer before doing so.  If you fail this roadside test, you will probably be taken to the police station to blow into the more formal breathalyser machine and you will be asked to provide two samples of your breath.  You have the right to speak with a lawyer of your choice prior to providing samples of your breath.  However, if your lawyer is not available within a reasonable time, you may be required to speak to a different lawyer and/or provide samples without speaking to the lawyer of your choice.  It is a criminal offence to refuse or fail to provide samples of your breath without a lawful excuse and, thus, we always recommend speaking to a lawyer before making this critical decision.
 
In addition, when you were pulled over, the police may have requested that you perform some sobriety tests such as walking in a straight line or balancing while leaning back.  The police can only conduct such tests if you consent. If in doubt, ask to speak with a lawyer.


Why Choose Double Diamond Law

Experience - As a criminal defence lawyer, and with seven years experience as a Crown Prosecutor in the Sea-to-Sky Corridor, Greg Diamond has dealt with countless impaired driving cases from both sides of the legal divide.  He has extensive experience and expertise in these cases.

Creativity - Double Diamond Law understands how to solve problems, such as seeking creative solutions that result in the client not receiving a criminal record.

Will Appear on Your Behalf - Double Diamond Law will appear on your behalf, as your agent, so that you do not have to travel to the Courthouse.  Considering that the nearest Court house is in North Vancouver, this service is extremely valuable to Corridor clients.

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