BC Impaired Driving Lawyer
If you have been charged with Impaired Driving (DUI) or you feel that your license has been wrongfully suspended, then you will need the counsel of an attorney who specializes with impaired driving cases. An impaired driving (dwi or dui) lawyer will be best able to represent you and protect your rights.
If you have been charged with impaired driving or driving with a blood alcohol
reading over .08, don't let your arrest and driving suspension destroy you - Contact our preferred attorney right away. He understands what you have experienced and is fully equipped to represent you in this complicated matter. At bchighway.com we want to help you protect your own rights as a motorist, that's why we have selected to refer our visitors and clients to one of the best BC and Vancouver Impaired driving lawyers we know.
If you have been arrested and charged there can be serious disadvantages to not acting quickly. You must be able to give instructions to the lawyer about what took place while the memories are still fresh. Your lawyer will need to know what the police said, what the circumstances were, who was there, or if there were any witnesses who might help your case early on in the proceedings. Acting quickly is essential.
Contact David Albert: at 604 671-5566 ( mention you saw his name at bchighway.com) if you need advice and representation for Impaired Driving in BC.
There have been significant changes to the laws of British Columbia over the past several years with impaired driving. Below is a copy of Chapter 318 of the Motor Vehicle Act and a link to Canada's criminal code for impaired driving.
Motor Vehicle Act[RSBC 1996] CHAPTER 318
Part 2 — Suspensions of Licenses and Prohibitions from Driving
12 hour suspension
90.3 (1) In this section:
"approved screening device" means a device prescribed for the purposes of this section;
"driver" means a driver who holds a driver's license on which a condition is imposed under section 25 (10.1) and includes any such person having the care or control of a motor vehicle on a highway or industrial road whether or not the motor vehicle is in motion.
(2) A peace officer may, at any time or place on a highway or industrial road if the peace officer has reasonable and probable grounds to believe that a driver has alcohol in his or her body,
(a) request the driver to drive the motor vehicle, under the direction of the peace officer, to the nearest place off the traveled portion of the highway or industrial road, and
(b) by demand made to that driver, require the driver to promptly provide a sample of breath that, in the opinion of the peace officer, is necessary to enable a proper analysis of the breath to be made by means of an approved screening device and, if necessary, to accompany the peace officer for the purpose of enabling that sample of breath to be taken.
(a) a driver, without a reasonable excuse, fails or refuses to comply with a demand made under subsection (2) (b), or
(b) the peace officer, pursuant to an analysis of the breath of the driver under subsection (2) (b), has reasonable and probable grounds to believe that the driver has alcohol in his or her body,
the peace officer may
(c) serve the driver with a notice of license suspension, and
(d) if the driver is in possession of a driver's license, request the driver to surrender that license.
(4) If a peace officer requests a driver to surrender the driver's license under subsection (3) (d), the driver must promptly surrender the driver's license
to the peace officer.
(5) A person's driver's license is automatically suspended for a period of 12 hours from the time the peace officer served the driver with a notice of license suspension under subsection (3) (c).
(6) [Repealed 2004-68-8.]
(7) A peace officer acting under subsection (3) need not hold the opinion that the blood alcohol level of the driver exceeds 3 mg of alcohol in 100 ml of blood.
(8) If a peace officer serves a notice of license suspension under subsection (3) (c), the peace officer must cause a report of the suspension to be delivered to the Insurance Corporation of British Columbia.
(9) The report referred to in subsection (8) must be in a form established by the Insurance Corporation of British Columbia.
(10) The Lieutenant Governor in Council may prescribe an approved screening device for the purposes of this section.
Criminal code Canada - driving over .08 impaired driving