DUI Lawyer in British Columbia
CHARGED WITH DRUNK DRIVING? GET A CRIMINAL LAWYER NOW!
Driving under the influence is a criminal offence in British Columbia, and if you’ve been charged with impaired driving, you need a criminal lawyer by your side who understands the available defences and can expertly present your case.
At Jaswal & Krueger, our lawyers have considerable experience representing clients charged with impaired driving. We know how damaging a DUI can be to your life and to your reputation. If you are being accused of drunk driving, we can help.
Understanding Your Impaired Driving Charge
It is a criminal offence to be driving while under the influence of alcohol or a drug. Under the Criminal Code, there are three separate types of offences related to driving under the influence with which you can be charged:
- Refusal: You can be charged with Refusal if you refuse to comply when a police officer asks you to provide a breath sample (through a breathalyzer test) or a blood sample.
- Impaired: You may be charged with being Impaired if the officer deems you to be operating a motor vehicle while impaired by alcohol or a drug.
- Over 80: The “80” in this instance refers to a person’s blood alcohol content. The legal limit in Canada is 80 milligrams in 100 millilitres of blood. If someone is found to be driving with more than the legal amount of alcohol in their blood in B.C., they can be charged with Over 80.
Each of these charges is an individual offence, and depending on the situation, you could be charged with multiple offences. It is important to speak to a criminal lawyer about the subtle differences in these charges. The DUI lawyers at Jaswal & Krueger can speak to you right now to explain the process.
WHAT’S THE DIFFERENCE BEWTEEN AN IMPAIRED CHARGE AND AN OVER 80 CHARGE?
Often when someone is arrested for a DUI, they may be facing both an Impaired Driving charge and an Over 80 charge. An Over 80 charge means that the accused specifically blew a breathalyzer reading of over 80 milligrams of alcohol within 100 milliliters of blood. For that charge, it doesn’t matter if you don’t appear impaired, the reading alone is enough for a conviction. To successfully fight such a charge, it’s often necessary to apply to a judge to exclude that breathalyzer result, often due to breach of your rights by the police.
An Impaired Driving charge, on the other hand, only requires Crown counsel to raise observational evidence that you are impaired by some amount and that your ability to drive is affected by alcohol. Depending on the facts, it may be easier for Crown counsel to prove one charge rather than the other and so they will proceed on both. This means that a successful defence often needs to find a way to exclude incriminating breathalyzer evidence while also cross-examining officers on their observations of the accused to raise a reasonable doubt that their ability to drive was affected by alcohol.
Talk to a Lawyer
One of the most important parts of any criminal charge is deciding whether to plead guilty or take the matter to trial. Even if you believe that you may not have a defence against DUI charges made against you, it is important to speak to a lawyer.
Canada’s Criminal Code is complex, and you may not be aware of every legal issue related to your charges. While you are free to deal with criminal charges without a lawyer, it is extremely important to consult one, even if you are thinking of pleading guilty.
Jaswal & Krueger Can Help
Don’t forget: an impaired driving charge is not a conviction.
If you receive a DUI charge, Jaswal & Krueger can defend you. In drunk driving cases, the onus is on the prosecution to prove in court, beyond a reasonable doubt, that a driver’s ability to operate a motor vehicle was impaired by drugs or alcohol. They will rely on testimony from officers and civilian witnesses.
A good defence will call into question the reliability of the evidence presented, the equipment used to gather that evidence, and the procedures for the use of that equipment. If there are inconsistencies in the testimonies of the witnesses, a good defence will find them.
Thanks to years of experience dealing with drunk driving cases, Jaswal & Krueger are ready to fight to protect your rights.
We Can Protect Your Rights
We understand the impact drunk driving charges can have on your life and that of your family.
Currently, the law in Canada regarding impaired driving has mandatory minimums for sentencing, including losing your ability to drive anywhere in Canada for a full year. A mandatory minimum means that the judge must impose that penalty, regardless of whether you have a defence to the charges or if losing your license would cause you to lose your job.
Contact us at Jaswal & Krueger to get a free consultation with a lawyer before making a decision that may affect your livelihood. Whether you’ve dealt with impaired driving in the past, or have a criminal record already, we can be there to help you make the best decisions for you and your family.
Having Local Experts Matters
British Columbia has notably distinct drunk driving laws from other provinces in Canada, along with what are considered to be the most severe punishments for impaired driving in the country. Due to its prevalence in B.C. courts and the serious consequences attached to a conviction on such charges, this is one of the most frequently litigated areas in the province.
In B.C., if an officer of the law pulls you over and suspects that you have been driving under the influence of either alcohol or a drug, they may administer an Immediate Roadside Prohibition, an Administrative Driving Prohibition, or proceed with formal criminal charges. If you’ve received either an Immediate Roadside Prohibition or an Administrative Driving Prohibition, click here to get more information.
Your Impaired Driving Lawyer in B.C.
Jaswal & Krueger know the laws surrounding British Columbia’s impaired driving offences inside and out.
Whether you’ve been charged with a DUI, Over 80, or other driving offences; been given a driving prohibition; or are worried how your criminal record might impact your impaired driving charges, we can help answer your questions and provide you with a strong legal defence.
Contact Jaswal & Krueger today for a free consultation.
“Mr Jaswal was fantastic. He was straight forward. He laid out what needed to be done. What he figured could be accomplished and came out with the best probable outcome. He was very professional, as well as kind and understanding. He is easy to talk to and will make you feel more comfortable going into court, knowing you are properly represented. Thank you for your service, I hope that I never need your services again, but if I do, I know where to go! I highly recommend Mr Aman Jaswal as your legal representative. He made this extremely difficult time in my life easier to cope with”
“Joshua Krueger provided extremely valuable and excellent legal guidance and services to me during a difficult time. I was happy to trust Mr. Krueger with my charges, and the outcome was extremely favourable because of his expertise. I felt comfortable asking him any questions and he explained all legal terms and situations very clearly. Mr. Krueger and his team respond to texts and emails quickly and are friendly and polite.”
“I have had the privilege of having Joshua Krueger as an attorney in a situation I’d never thought I’d face. I found Joshua to be experienced, responsive, knowledgeable and honest. While working with Joshua, I felt as though my situation was in adept and trustworthy hands, and he did not steer me wrong. Joshua always made sure I was informed with any information I may need. He answered all emails right away or phone calls, never once had any issue with communication. Grateful to have had someone like Joshua and I would 100% recommend.”
