Impaired & Criminal Driving Offences
Our Stern Shapray Criminal Lawyers BC defence team handles impaired and criminal driving offences charges, helping protect your rights, licence, record, and future from serious consequences.
Facing a driving-related criminal charge or roadside prohibition in British Columbia can be overwhelming. Whether you’ve been accused of impaired driving, received a 90-day roadside suspension, or are being charged with a serious offence like dangerous driving, the consequences are significant, affecting your license, record, insurance, and future.
At Stern Shapray Criminal Lawyers, we defend clients across B.C. against both Criminal Code offences and Motor Vehicle Act prohibitions. Our strategic, results-driven approach is built to protect your rights, challenge improper police conduct, and reduce or eliminate the penalties you’re facing.
Impaired & Criminal Driving Offences
Whether you’re facing a DUI charge or received an Immediate Roadside Prohibition (IRP), these allegations can lead to long-lasting consequences.
Impaired Criminal Driving Offences (Criminal Code)
Impaired driving includes the operation of a vehicle under the influence of alcohol, drugs, or both. You can be charged even without erratic driving, as long as police believe you were impaired.
Convictions can result in:
- A criminal record
- Mandatory driving prohibitions
- Fines, jail time, or probation
- Increased insurance premiums
- Employment and travel restrictions
We investigate:
- The lawfulness of the stop or roadside demand
- Accuracy and timing of breath/blood testing
- Procedural and Charter violations
- Underlying medical conditions or medication impact
Over 80” Charges
A charge of “Over 80” refers to having a BAC over 80mg per 100mL of blood, regardless of whether you appear impaired. These cases often hinge on:
- Test timing and accuracy
- Device calibration and technician qualifications
- Compliance with strict legal timelines
We examine every scientific and procedural detail to challenge the reliability of the evidence.
Immediate Roadside Prohibitions (IRPs) & Administrative Driving Prohibitions (ADPs)
IRPs and ADPs are administrative penalties, not criminal charges but their impact can be just as severe. These include:
- Immediate vehicle impoundment
- 3–90 day licence suspensions
- Reinstatement fees and fines
- Enrollment in the Responsible Driver Program or Ignition Interlock Program
You only have 7 days to dispute an IRP through RoadSafetyBC. We act quickly to file your review application, compile evidence, and represent you in hearings.
We also defend against:
- Refusal suspensions
- Fail or warn readings on ASDs
- RoadSafetyBC reassessments
- Interlock violations and program breaches
Other Criminal Driving Offences
Dangerous Driving
Dangerous operation involves driving in a way that endangers the public, including:
- Excessive speeding
- Aggressive or erratic driving
- Running red lights
- Causing or contributing to an accident
This is a criminal offence not just a traffic ticket and may result in:
- A criminal record
- Licence suspension
- Jail time, especially if injury or death occurred
We work to establish context and reduce or resolve charges by highlighting road conditions, distractions, or lack of intent.
Criminal Negligence Causing Death or Bodily Harm
This charge involves a wanton or reckless disregard for safety. Often tied to fatal or serious collisions, it carries some of the most severe penalties in Canadian criminal law including lengthy prison terms.
These cases require detailed factual and legal analysis. We collaborate with forensic experts, reconstruction specialists, and investigators to mount the strongest possible defence.
A criminal or administrative driving charge can have serious consequences but it doesn’t have to define your future. Early legal advice can make a critical difference.
Frequently Asked Questions About Impaired & Criminal Driving Offences in British Columbia
What is considered impaired driving in British Columbia?
Impaired driving in BC includes operating a motor vehicle while impaired by alcohol, drugs, or a combination of both. It also includes operating a vehicle with a blood alcohol concentration (BAC) of 80 mg or more per 100 mL of blood (“over 80”), and refusing to provide a breath or blood sample when lawfully demanded. A BAC between 50 and 79 mg triggers administrative penalties under BC’s Immediate Roadside Prohibition (IRP) program without a criminal charge.
What is the difference between an IRP and a criminal impaired driving charge?
An Immediate Roadside Prohibition (IRP) is an administrative penalty issued at the roadside that does not result in a criminal record. It can lead to vehicle impoundment, licence suspension, and significant fines. A criminal impaired driving charge is laid under the Criminal Code and, if convicted, results in a criminal record, mandatory minimum penalties, and a driving prohibition.
What are the penalties for a first impaired driving conviction in BC?
For a first criminal impaired driving conviction, the mandatory minimum penalty is a $1,000 fine and a one-year driving prohibition. A second conviction carries a mandatory minimum of 30 days imprisonment; a third, 120 days. Courts across BC, including in Surrey, Vancouver, Kelowna, Victoria, Nanaimo, Prince George, and Fort St. John, may impose higher sentences depending on aggravating factors such as injuries, a high BAC, or the presence of children in the vehicle.
Can impaired driving charges be fought in British Columbia?
Yes. Impaired driving charges can be challenged in several ways, including disputing the accuracy of breath or blood testing equipment, challenging whether police had lawful grounds to stop your vehicle, or arguing that your Charter rights were violated during the investigation. The specific defences available depend on the facts of the case and the disclosure provided by the Crown.
How long does an impaired driving conviction stay on your record in Canada?
A criminal impaired driving conviction remains on your record indefinitely unless you obtain a record suspension. The conviction can affect employment, travel to the United States, and insurance rates for years after the sentence is completed.
Can you be charged with drug-impaired driving without a breath test in BC?
Yes. Police can charge a driver with drug-impaired driving based on observations by a Drug Recognition Expert (DRE), standardized field sobriety tests, or oral fluid screening results. A positive evaluation or oral fluid result can form the basis of a charge without a traditional breathalyzer. These cases require careful scrutiny of the evidence and the qualifications of the evaluating officer.
What should I do if I am charged with impaired driving in BC, and do I need a lawyer?
Do not make statements to police beyond what is legally required, and contact a criminal lawyer as soon as possible, whether you were stopped in Surrey, Vancouver, Kelowna, Victoria, Nanaimo, Prince George, or Fort St. John. Evidence in impaired driving cases, including breath readings, police notes, and roadside device records, must be carefully reviewed within tight timelines. Impaired driving is a criminal offence with serious and lasting consequences, including mandatory minimums, a criminal record, and travel restrictions. An experienced criminal lawyer can review the evidence and identify whether there are grounds to challenge the charge. Contact Stern Shapray Criminal Lawyers for a free consultation.