Best Drunk Driving Lawyers in Coquitlam

About Drunk Driving Law in Coquitlam, Canada

Drunk driving, legally referred to as impaired driving, is a significant criminal offense in Coquitlam and across Canada. This charge generally occurs when a person operates a motor vehicle after consuming alcohol or drugs beyond the legal limit or when their ability to operate a vehicle is impaired by such substances. The laws are enforced both federally under the Criminal Code of Canada and provincially through the Motor Vehicle Act of British Columbia. Authorities in Coquitlam, including the local RCMP, prioritize road safety and actively police impaired driving through regular check stops and enforcement campaigns.

Why You May Need a Lawyer

Facing a drunk driving charge can have serious consequences, including loss of driving privileges, hefty fines, increased insurance premiums, and even jail time. Many people require legal assistance in the following situations:

• Challenging the results of a roadside breathalyzer or blood test
• Disputing administrative driving prohibitions issued by police
• Responding to criminal charges laid under the Criminal Code
• Negotiating with prosecutors for a reduced penalty or charge
• Addressing concerns related to employment or insurance due to impaired driving charges
• Navigating the process after being stopped at a police checkpoint
• Understanding options if charged with refusal to provide a breath sample

A lawyer can offer guidance on your rights, help you build a defense, and ensure that all procedures were followed correctly during your arrest or detention.

Local Laws Overview

In Coquitlam, as in all of British Columbia, both federal and provincial laws govern drunk driving. Key legal aspects include:

• The legal blood alcohol concentration (BAC) limit is 0.08 percent for criminal charges, but administrative penalties may start at 0.05 percent
• British Columbia’s Immediate Roadside Prohibition (IRP) program allows police to suspend your license immediately at the roadside for impaired driving
• Refusing to provide a breath or blood sample is also considered an offense, with penalties similar to impaired driving
• The province applies both administrative and criminal penalties, which can include license suspensions, vehicle impoundment, monetary fines, and mandatory rehabilitation programs
• New drivers and those in the Graduated Licensing Program are subject to a zero-tolerance policy for alcohol
• Having cannabis or other intoxicants in your system while driving is also an offense under both federal and provincial law

Understanding these laws is crucial, as both immediate roadside penalties and court prosecution can occur, sometimes simultaneously.

Frequently Asked Questions

What is the legal limit for blood alcohol concentration (BAC) in Coquitlam?

The legal BAC limit is 0.08 percent for criminal prosecution, but in British Columbia, administrative actions can be taken if your BAC is 0.05 percent or higher.

What happens if I am stopped at a police roadblock?

Police may ask you questions and request that you perform a breath test. Refusing can result in immediate penalties and charges similar to impaired driving.

Can I lose my license immediately if suspected of drunk driving?

Yes, under British Columbia’s Immediate Roadside Prohibition program, your license can be suspended on the spot for a suspected impaired driving offense.

Is refusing a breathalyzer test a criminal offense?

Yes, refusal to provide a breath sample when lawfully requested is a criminal offense and carries penalties similar to impaired driving.

What penalties could I face if convicted of drunk driving?

Penalties can include fines, a criminal record, license suspensions, jail time, vehicle impoundment, and mandatory participation in rehabilitation or education programs.

Will an impaired driving conviction affect my insurance?

Yes, rates will increase significantly, and some insurers may even refuse coverage following a conviction.

Can I fight or appeal an Immediate Roadside Prohibition?

Yes, you can request a review through RoadSafetyBC, but the process is time-sensitive and requires compelling evidence or arguments.

Is it possible to remove an impaired driving conviction from my record?

A conviction can stay on your record for many years, but you may eventually apply for a record suspension (pardon) under certain conditions.

What should I do if I am charged with impaired driving?

Speak to a lawyer as soon as possible to understand your rights and legal options. Do not discuss your case with anyone except your lawyer.

Are the laws different for cannabis-impaired driving?

Driving while impaired by cannabis or other drugs is also prohibited under both federal and provincial law, with similar procedures and penalties.

Additional Resources

Several organizations and government agencies provide useful information and support for those facing drunk driving charges:

• RoadSafetyBC - Oversees driving prohibitions and reviews
• Coquitlam RCMP - Responsible for local enforcement and information on local initiatives
• Legal Aid BC - Offers legal information and, for those eligible, free legal representation
• MADD Canada (Mothers Against Drunk Driving) - Provides support and advocacy for victims and those impacted by impaired driving
• ICBC (Insurance Corporation of British Columbia) - Manages vehicle insurance and driver licensing

Next Steps

If you have been charged with or are being investigated for drunk driving in Coquitlam, your first step should be to contact an experienced criminal defense lawyer. Gather all relevant documents, including police reports and prohibition notices, and avoid discussing your case with anyone other than your lawyer. Pay close attention to deadlines for appeals, especially for Immediate Roadside Prohibitions, as they are very short. Consult reputable online resources for more information, but rely on legal professionals for advice tailored to your specific situation. Seeking timely and knowledgeable legal advice is vital to protecting your rights and your future.