What is a DUI Charge and What Can Happen?

Talk to a drunk driving lawyer in our Abbotsford or Surrey office about your operating while impaired charge

TRAFFIC OFFENCES WE REPRESENT DUI / Impaired Driving | Driving While Prohibited | Dangerous Driving Refusing to Provide a Breath Sample | Hit and Run

The charge of “operating while impaired” is also referred to as DUI, drunk driving, driving under the influence, driving while intoxicated, DWI, and impaired driving.

Sections 253 and 254 of the Criminal Code of Canada set out the charging specifics for drunk driving traffic offences.

What Does Over ".08" Mean?

There are two ways you can be charged with operating while impaired. First, if you’re found to be driving or operating a vehicle while impaired by alcohol or drugs. Second, if your blood / alcohol level is higher than .08% (i.e. your blood is greater than 80 milligrams of alcohol in 100 millilitres of blood). Hence the common term “over .08”.

Most DUI charges stem from driving a vehicle while impaired. However, included in the drunk driving sections of the Criminal Code is operating a vessel, aircraft, or train while impaired or have a blood alcohol level greater than .08%.

Consequences of an Operating While Impaired Conviction

Being convicted of impaired driving in BC has serious consequences. For a first conviction, the minimum punishment is a $1,000 fine. A second conviction will result in at least 30 days in jail. For each additional conviction the jail sentence is a minimum 120 days.

In addition to a fine and possible imprisonment, being convicted of drunk driving results in a criminal record, probation, and the following driving prohibitions:

• first impaired conviction: 1 - 3 years
• second impaired conviction: 2 - 5 years
• Additional impaired driving convictions: 3 years plus.

For many people, losing a drivers' licence is a very serious hardship. Many jobs and family responsibilities require the ability to drive. Not only are the impaired sentences tough, but any breach, such as driving while prohibited, results in more legal consequences.

It can be embarrassing, frustrating, and difficult dealing with a DUI charge. However, remember that in order for you to be sentenced as set out above and face the above driving prohibitions, you must be found guilty by a court or plead guilty. That means if a court finds you not guilty, then you won't have the above sentences and punishments handed to you. In order to be found guilty, a judge must determine that you are guilty beyond a reasonable doubt.

Talk to a Greater Vancouver Drunk Driving Lawyer Today

If you’ve been charged with operating while impaired in BC, learn about any possible defences available to you by talking to a criminal defence lawyer. Dykstra & Company has been defending people charged with DUI for more than 25 years. Call us toll free at 1.877.753.4793 to schedule a free consultation to discuss your impaired driving charge.

Lawyers Serving Greater Vancouver since 1982

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