The DUI Test and Drunk Driving Laws in BC

So you were pulled over by the police. They asked you to take a roadside DUI test. And that’s when your legal troubles begin.

Failing the DUI Test

Failing that first DUI test could mean that the officers took you to the police station where a breathalyzer test was conducted. At that point, if your DUI test readings were over the allowable legal limit of 0.08 blood alcohol concentration (BrAC), chances are you would have been charged with drunk driving. Drunk driving laws make this part of your story pretty clear.

The Case Against You

What is not so clear is what happens after this. Under the law, the case against you must be proven beyond a reasonable doubt. Beyond a reasonable doubt is the standard of proof most criminal cases require, and applies with respect to drunk driving laws. It means that the prosecution (the Crown) needs to prove their version of what happened beyond a reasonable doubt. They bear the burden of proof.

Drunk Driving Laws and What the Crown Needs to Show

In particular, the Crown needs to show you were impaired when you were driving. The blood alcohol content reading shown on the DUI test at the station can be deemed by law to be the same blood alcohol content level that you had when you were driving as long as certain requirements are met. So for the Crown to be able to prove that your blood alcohol content was above the allowable legal limit when you were driving, they must show that the DUI test sample was taken “as soon as practicable.”

An experienced lawyer can challenge this aspect of the facts that apply to his or her client.

In addition, the accuracy of DUI test machines can be challenged. These machines are sensitive to many factors, such as temperature, improper adjustments or calibrations, maintenance issues, and breathing patterns, among other issues. If the accuracy of the DUI test and the readings that it produced can reasonably be put in doubt, the Crown has failed its case against you.

There are various other factors that need to be looked at if you’ve been charged with a drunk driving offence after failing a DUI test. It’s important to know that when it comes to drunk driving laws, the law is complex. An experienced lawyer who regularly deals with drunk driving laws can help. You need to find out whether you were improperly accused and what your course of action will be.