Best DUI & DWI Lawyers in Burnaby

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Henderson & Lee Law Corporation

Henderson & Lee Law Corporation

Burnaby, Canada

Founded in 2011
10 people in their team
About UsHenderson and Lee Law Corporation, established in 2011 by Daniel Henderson and Cameron Lee, has a distinguished history of legal expertise,...
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About DUI & DWI Law in Burnaby, Canada

In Burnaby, Canada, driving under the influence (DUI) and driving while intoxicated (DWI) are grave offenses. These terms refer to the criminal offence of operating a vehicle while impaired by alcohol or other drugs, including recreational drugs and drugs prescribed by physicians. If convicted, individuals would face serious penalties, including fines, mandatory enrolment in education or treatment programs, and potential imprisonment. In some cases, the provincial government may also impose a driving prohibition.

Why You May Need a Lawyer

If you find yourself in a situation where you're charged with a DUI or DWI, it's essential to seek legal representation. A competent lawyer would advocate your case by challenging the prosecution’s evidence and exploring avenues for defense. They can also ensure that your rights are protected throughout the legal process. For instance, lawyers can challenge the validity of breathalyzer results, scrutinize the legality of the traffic stop, or question the procedures followed during your case. Additionally, a lawyer can guide you through the legal system and explain the possible strategies and consequences of your choices.

Local Laws Overview

In Burnaby and the rest of Canada, it's illegal to operate a motor vehicle, boat, aircraft, or railway equipment with a blood alcohol concentration (BAC) of 0.08 or higher. As of December 2018, the new laws also make it illegal to drive with some types of drugs in your blood in excess of set limits. Moreover, it's illegal to drive within two hours of being over the legal limit. Penalties for these offenses vary depending on the severity of the case and whether it's a repeat offense. For first-time offenders, penalties can range from a minimum $1,000 fine to life imprisonment in severe cases involving bodily harm or death.

Frequently Asked Questions

1. What does BAC stand for?

BAC stands for blood alcohol concentration, a measure of the amount of alcohol in a person's blood and expressed in percentage points.

2. Can I refuse the breathalyzer test?

Under Canadian law, refusing to comply with a valid demand for a breathalyzer test can lead to a criminal charge with penalties similar to a DUI offense.

3. If I'm convicted, when can I drive again?

This depends on the specifics of your case and the province’s laws. Generally, driving suspensions or bans are part of the penalties for DUI or DWI offenses.

4. Is DWI the same as DUI?

Yes, in many jurisdictions the term DUI and DWI are used interchangeably and mean the same thing. Both involve driving while impaired by alcohol or drugs.

5. What are penalties for second and subsequent offences?

Penalties for repeat DUI or DWI offenses significantly increase. They can include longer periods of imprisonment, larger fines, and longer driving prohibitions.

6. Can I drive with any amount of drugs or alcohol in my body?

No, you should avoid driving with any amount of alcohol or drugs in your body to ensure safety as even a small amount can be illegal for certain categories of drivers.

7. Can I contest a DUI or DWI charge?

Yes. You have the right to defend yourself, but it's advisable to consider getting legal advice or representation due to the complexities of such cases.

8. What happens if I cause an accident while under the influence?

Causing an accident while under the influence can result in more severe penalties, such as longer prison time, especially if the accident caused injuries or death.

9. How can a lawyer help me?

A lawyer can provide you with advice, represent you in court, and challenge the legality of the evidence against you among other benefits.

10. Does a DUI or DWI affects my criminal record?

Yes. A DUI or DWI conviction will appear on your criminal record, which can impact future employment opportunities, travel plans, and even your ability to obtain insurance.

Additional Resources

The Government of Canada has multiple resources for understanding DUI & DWI law, including the Canadian Criminal Code and the Canadian Department of Justice. For provincial information, The British Columbia Ministry of Justice and Attorney General may also be consulted. Always ensure that the information you are getting is up to date and reliable.

Next Steps

If you face DUI or DWI charges or think charges may be pending, you should immediately consult a lawyer. In many cases, legal advocates can guide you on securing your rights and put forward a robust defense. Ensure that your chosen lawyer has experience dealing with DUI or DWI cases, as this field of law is complicated and specialized.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.