Driving under the influence (DUI), also referred to as impaired driving, is one of the most serious traffic-related offenses in Canada. Many drivers, especially first-time offenders, may not fully understand the legal implications of being charged with a DUI. In Surrey, British Columbia—and across Canada—DUI is not just a minor traffic infraction. It is treated as a criminal offence under the Criminal Code of Canada.
This blog explores the classification of DUI in Surrey, the penalties involved, how it can affect your record, and what legal options exist if you’re facing a DUI charge.
DUI in Canada: A Criminal Offence
Under Canadian law, impaired driving is a federal criminal offence. This includes operating a vehicle while under the influence of alcohol, drugs (including cannabis), or a combination of both. The relevant law is found under Section 320.14 of the Criminal Code, which clearly outlines that it is a crime to:
- Operate a vehicle while impaired by alcohol or drugs;
- Operate a vehicle with a blood alcohol concentration (BAC) of 80 mg or more of alcohol per 100 ml of blood (0.08%);
- Refuse to provide a breath sample when requested by law enforcement.
Whether you’re in Surrey, Vancouver, or anywhere else in Canada, these laws apply uniformly.
Types of Impaired Driving Offences
In Surrey, drivers can be charged with various types of DUI-related offenses, including:
- Alcohol Impairment: Driving with a BAC over the legal limit (0.08%) or showing signs of alcohol impairment.
- Drug Impairment: Operating a vehicle under the influence of prescription drugs, illegal substances, or cannabis.
- Combined Impairment: Being impaired by both alcohol and drugs.
- Refusal to Comply: Refusing a roadside breathalyzer or blood test, which is treated similarly to failing one.
Penalties for DUI in Surrey
Because DUI is a criminal offense, the penalties can be severe and long-lasting. The exact consequences depend on several factors, including whether it’s a first-time offense or if aggravating circumstances (like causing injury or death) are involved.
For a First-Time Offense:
- Minimum $1,000 fine
- Mandatory 1-year driving prohibition
- Criminal record
- Enrollment in an alcohol education or treatment program
- Installation of an ignition interlock device (at the driver’s expense)
Second Offense:
- Minimum 30 days in jail
- Longer driving prohibition (minimum 2 years)
- Higher fines
- Further monitoring and mandatory rehabilitation programs
Third or Subsequent Offense:
- Minimum 120 days in jail
- Extended or lifetime driving prohibition
- Permanent criminal record
- Severe financial and reputational consequences
These penalties reflect the seriousness with which the legal system views impaired driving and aim to deter repeat offenses.
Immediate Roadside Prohibitions in British Columbia
In British Columbia, including Surrey, the provincial government has introduced administrative sanctions called Immediate Roadside Prohibitions (IRPs). These are civil penalties that can be applied outside the criminal court system.
If a driver blows a “warn” (BAC between 0.05 and 0.079) or a “fail” (0.08 or above) on a roadside breathalyzer, the police officer can issue an IRP immediately. Sanctions may include:
- 3 to 90-day driving prohibition
- Fines ranging from $200 to $500
- Vehicle impoundment
- Mandatory Responsible Driver Program
- Installation of an ignition interlock device
Although IRPs may seem less serious than criminal charges, they still carry significant consequences and can affect your insurance rates, employment, and mobility.
DUI and Criminal Records
One of the most long-term consequences of a DUI conviction is a criminal record. A criminal record can:
- Affect employment opportunities, especially in jobs requiring driving or security clearance
- Limit travel, particularly to the United States
- Impact custody or immigration applications
- Increase car insurance premiums significantly
Removing a DUI from your criminal record requires a Record Suspension (pardon), which can only be applied for after the sentence has been completed and a waiting period has passed (typically 5 to 10 years).
Can You Fight a DUI Charge?
Yes. Being charged does not automatically mean you will be convicted. Every DUI case is different, and several defenses may apply depending on the circumstances. For example:
- The breathalyzer or testing device may have malfunctioned.
- The police officer may not have followed proper legal procedures.
- You may have medical conditions that mimicked signs of impairment.
- There may be issues with the legality of the traffic stop or detention.
Given the complexity of DUI law and the serious implications, it is advisable to consult a dui lawyer in Surrey who understands the local legal system, has experience in criminal defense, and can build a strong case on your behalf.
What to Do If You Are Stopped for Suspected Impairment
If you’re pulled over by the police in Surrey and suspected of impaired driving, here’s what you should do:
- Stay Calm and Cooperative: Be polite and follow the officer’s instructions.
- Provide Required Documents: Hand over your license, registration, and insurance as requested.
- Comply with Testing: Refusing to provide a breath or blood sample can lead to immediate charges and penalties.
- Do Not Self-Incriminate: You have the right to remain silent. Do not admit to drinking or taking substances.
- Contact a Lawyer: If arrested or charged, ask to speak with a lawyer immediately.
Knowing your rights and exercising them respectfully can have a significant impact on the outcome of your case.
How a DUI Affects Car Insurance
In addition to legal penalties, a DUI conviction has major implications for your car insurance. After a DUI:
- Your insurance provider may cancel your policy.
- You’ll likely be classified as a high-risk driver.
- Premiums may increase by 100% or more.
- You may be required to obtain high-risk insurance, which is significantly more expensive.
It could take several years of clean driving before insurance rates return to normal.
Conclusion
A DUI in Surrey, Canada, is undeniably a criminal offense with serious consequences that go beyond a simple traffic ticket. From immediate roadside prohibitions to long-term effects on your criminal record and insurance, the impact can be both costly and life-altering. Understanding your rights and the legal process is essential if you find yourself facing an impaired driving charge.
Legal guidance from an experienced DUI lawyer can make a crucial difference in protecting your future. Whether you’re fighting to avoid a conviction or seeking to reduce penalties, timely legal advice is your best defense.
If you or someone you know is facing a DUI charge in Surrey, take it seriously and act quickly. Your driving privileges, freedom, and reputation may depend on it.
