DUI Laws and Consequences: What You Need to Know in 2025

Impaired driving remains one of the most prosecuted offences in British Columbia, and the rules continue to evolve. At Jaswal & Krueger Criminal Defence Lawyers, we have seen the lasting effects that an impaired driving charge can have on people's lives. Every case tells a story about a moment, a mistake, and a system that can impose life-changing consequences. Understanding DUI laws and consequences helps people make informed choices before, during, and after a traffic stop.

Under the Criminal Code of Canada, it is an offence to operate or have care or control of a motor vehicle while impaired by alcohol, drugs, or both. The law applies even if the vehicle is not moving. A blood alcohol concentration of 80 milligrams or more in 100 millilitres of blood, or a prohibited blood alcohol concentration for certain drugs, can result in criminal charges.

In British Columbia, a police officer can issue an Immediate Roadside Prohibition (IRP) if there are reasonable grounds to believe that a driver is impaired by alcohol or drugs. These decisions can be based on a breath sample, oral fluid sample, or observations made during a standard field sobriety test. The process is swift, and even fully licensed drivers can face immediate suspension.

An IRP can result in a license suspension ranging from three to ninety days, depending on the level of impairment detected. Your vehicle impounded period will vary, and you generally have seven days to request a review.

A roadside prohibition is separate from a criminal impaired driving charge, and under the federal impaired driving laws, a person found driving while impaired may face prosecution by summary conviction or indictment. A conviction usually brings a license suspension of at least one year, fines, and potential jail time.

If an incident causes bodily harm or death, the penalties can increase to a maximum life imprisonment charge. A conviction for impaired driving causing death or serious injury can change a person's life forever. A criminal conviction also remains on your record, affecting travel, insurance, and employment. It is not only about the immediate punishment but the long-term impact that follows.

Under provincial rules, impaired driving penalties are strict and designed to limit access to the road. Penalties may include a license suspension lasting from 24 hours to 90 days and fines that can exceed $4,000 for a first offence.

Many drivers must complete an education or treatment program before their license is reinstated. The Responsible Driver Program and the Ignition Interlock Program are common requirements, and those convicted criminally may also be ordered to install an ignition interlock device, which prevents a car from starting until a clean breath test is given. These measures are meant to change behaviour, but they also carry high personal and financial costs.

Novice drivers under the Graduated Licensing Program face zero tolerance for alcohol or drugs. Even trace amounts can result in suspension or vehicle impoundment. The same applies to commercial drivers and commercial vehicle drivers, who are held to strict legal limits due to public safety considerations.

Each subsequent offence increases the punishment. Penalties may include higher fines, longer suspensions, or extended vehicle impoundment. In certain cases, drivers may face a lifetime suspension. These rules are meant to discourage repeat offenders, but they can also catch drivers off guard when a minor incident leads to major consequences.

Impaired driving by drugs is treated with the same seriousness as alcohol impaired driving. Police can conduct a standardized field sobriety test and then a drug recognition evaluation if they suspect a driver is under the influence of a prohibited drug. This evaluation can include physical coordination tests, eye examinations, or a review of recent drug use.

If THC levels measure between 2 ng and 5 ng per ml of blood, fines can reach $1,000. Above 5 mg, the penalties rise. The primary psychoactive component in cannabis can reduce a person's ability to judge distance and reaction time. Other substances, including prescription and illegal drugs, can have similar effects. BC's laws now recognize that any substance that impairs driving is treated as driving under the influence.

The consequences of DUI charges extend far beyond the court process. A criminal impaired driving conviction directly affects insurance premiums. The Driver Risk Premium adds hundreds or even thousands of dollars to insurance costs. For high-risk drivers, the financial burden can last many years.

Some individuals must complete a treatment program or roadside licence suspension education before regaining full privileges. Those working with commercial vehicle licenses may lose employment if they cannot drive. International travel can also become complicated, as some countries refuse entry to drunk drivers with a criminal record. The damage to reputation and opportunity can last longer than any fine or license suspension.

When an administrative prohibition is issued, drivers usually have seven days to request a review. If no review is filed within that time limit, a driver loses their ability to fight the suspension. This process is often misunderstood. At Jaswal & Krueger, we handle administrative penalty reviews and prepare detailed submissions to challenge evidence and procedure.

For criminal charges, early advice matters. We examine the breath sample results, the timing of the stop, and whether a reasonable suspicion existed. We also review how the police station handled evidence and if the standard field sobriety test was performed correctly. A defence strategy may involve showing that testing procedures were flawed or that the stop lacked lawful authority. Every case is built from the details, not assumptions.