Best DUI & DWI Lawyers in New Westminster

About DUI & DWI Law in New Westminster, Canada

Driving under the influence (DUI) and driving while impaired (DWI) are serious offenses in New Westminster, Canada. The terms are often used interchangeably and refer to operating a motor vehicle while impaired by alcohol or drugs, including prescribed or over-the-counter medication. Police in New Westminster are vigilant about monitoring and prosecuting impaired driving due to its significant risk to public safety. A DUI or DWI conviction can have major life consequences including fines, license suspension, increased insurance rates, and even jail time.

Why You May Need a Lawyer

Many individuals believe that a DUI or DWI charge is straightforward and that there is nothing that can be done. However, each case is unique and many factors can influence the outcome. You may need a lawyer if you:

• Have been arrested or charged with impaired driving, over 0.08, or refusal to provide a breath sample.
• Face immediate roadside prohibitions (IRPs) or vehicle impoundment.
• Need to navigate the consequences, such as license suspensions, criminal records, and travel restrictions.
• Dispute the results of breathalyzer or roadside tests.
• Require defense for a repeat or aggravated offense.
• Are unsure about your rights or the legal process involved.
• Face additional charges like dangerous driving or causing injury due to impairment.

Local Laws Overview

DUI and DWI in New Westminster are regulated under both federal and provincial laws. The Criminal Code of Canada sets out the basic impaired driving offenses, including operating a vehicle while impaired by alcohol or drugs, having a blood alcohol concentration (BAC) over 0.08, and refusal to provide a sample. British Columbia has additionally strict administrative penalties, often imposed immediately at roadside under the Immediate Roadside Prohibition (IRP) program.

Key aspects of local law include:

• Legal BAC Limits: The legal limit is 0.08, but administrative penalties can be triggered at a BAC of 0.05 or above.
• Immediate Roadside Prohibitions: Police can issue immediate license suspensions of 3, 7, or 90 days depending on circumstances and BAC levels.
• Vehicle Impoundment: Your vehicle can be impounded on the spot for up to 30 days.
• Zero Tolerance: New and learner drivers are generally subject to zero BAC limits.
• Drugs: Cannabis or any other impairing substance is treated similarly to alcohol-related impairment.
• Refusal to Provide Sample: Refusing to give a breath or blood sample carries the same legal consequences as being over the legal limit.

Frequently Asked Questions

What is the difference between DUI and DWI?

In Canada, DUI (driving under the influence) and DWI (driving while impaired) essentially refer to the same offense - operating a motor vehicle while impaired by alcohol or drugs. The terminology may differ but both are covered under federal and provincial law.

What happens if I am caught with a BAC over 0.05?

If your blood alcohol level is between 0.05 and 0.08, you can receive administrative penalties such as an immediate license suspension and fines, even if you are not charged criminally. Multiple offenses can lead to longer suspensions and vehicle impoundment.

Will I lose my license automatically after a DUI arrest?

In British Columbia, police can impose an Immediate Roadside Prohibition (IRP) resulting in an immediate suspension of your driver's license, sometimes on the spot at the time of the arrest.

Can I challenge an Immediate Roadside Prohibition or license suspension?

Yes, you have the right to dispute an IRP, but strict time limits apply, usually within seven days of the prohibition being issued. Legal advice is highly recommended to improve your chances of a successful challenge.

What are the penalties for a DUI conviction in New Westminster?

Penalties can include fines, license suspension, vehicle impoundment, mandatory participation in the Ignition Interlock Program, increased insurance rates, criminal record, and possible jail time for repeat or serious offenses.

Is refusing a breathalyzer test a criminal offense?

Yes, refusal to provide a breath or blood sample when lawfully required by police carries the same penalties as a high BAC reading and can result in charges and immediate license suspension.

Does a DUI show up on my criminal record?

If convicted under the Criminal Code, a DUI will appear on your criminal record. Administrative penalties from an IRP typically do not result in a criminal record but can affect your driving and insurance status.

Are there different rules for new or learner drivers?

Yes, new and learner drivers in British Columbia are required to have a zero BAC while driving, and penalties for any presence of alcohol can be severe.

How does drug-impaired driving differ from alcohol-impaired driving?

Both are treated seriously under the law. Police may use field sobriety tests and drug screening devices. Penalties are very similar to those for alcohol impairment.

Can a lawyer help reduce or dismiss my charges?

Yes, a lawyer can analyze the circumstances of your stop, arrest, and evidence collected to identify legal defenses or procedural errors that may reduce charges or result in a dismissal. Early legal advice is crucial.

Additional Resources

If you need more information or assistance, these resources can be valuable:

• Legal Aid BC - Offers information and eligibility for legal representation.
• BC Ministry of Public Safety and Solicitor General - Provides guidance on Immediate Roadside Prohibitions and administrative driving penalties.
• ICBC (Insurance Corporation of British Columbia) - Information on how DUI or DWI impacts driver licensing and insurance.
• Public Legal Education and Information (PLEI) BC - Offers plain-language guides on impaired driving laws.
• New Westminster Police Department - Community policing resources and contact information.

Next Steps

If you are facing DUI or DWI charges or administrative penalties in New Westminster, it is important to act quickly to protect your rights and your driving privileges. Here is what you should do next:

• Do not discuss your case or provide statements until you have consulted with a lawyer.
• Contact a criminal defense lawyer with experience in impaired driving cases as soon as possible to review your situation and advise you on your legal options.
• Collect and preserve any documents or evidence you received from police, such as prohibition or impoundment notices.
• Follow all deadlines for disputing Immediate Roadside Prohibitions or suspensions.
• Consider consulting local legal clinics or Legal Aid if you have financial concerns.