The Consequences of DUI Charges in British Columbia: What Surrey Drivers Should Know
If you’re stopped for impaired driving in Surrey or anywhere else in British Columbia, the situation can become serious very quickly. DUI laws in BC are strict, and the consequences can affect your licence, your record, and even your ability to work or travel.
At Basra Law, we regularly work with individuals who have been charged under BC’s impaired driving laws. If you’re unsure what a DUI charge means or what to expect, here are some key facts to help you understand what you’re facing—and what options may be available.
What Qualifies as a DUI in BC?
In British Columbia, a DUI typically refers to driving while impaired by alcohol or drugs. This includes:
- Driving with a blood alcohol concentration (BAC) over 0.08
- Driving with a BAC between 0.05 and 0.08 (known as the “warn” range)
- Refusing to provide a breath or blood sample
- Being impaired by cannabis or other drugs while operating a vehicle
Police can issue Immediate Roadside Prohibitions (IRPs) or criminal charges depending on the situation. The distinction matters—a criminal conviction can stay on your record and carry more lasting consequences.
Immediate Roadside Prohibitions (IRPs)
Many impaired driving incidents in BC are handled under the Immediate Roadside Prohibition system, which is administrative rather than criminal.
Depending on your BAC and whether it’s your first offence, consequences may include:
- 3, 7, or 90-day driving prohibitions
- Fines and penalties (often between $600 and $4,000 once all fees are included)
- Mandatory Responsible Driver Program
- Ignition Interlock Program (for certain prohibitions or repeat incidents)
Even though IRPs are not criminal charges, they still go on your driving record and can affect insurance costs.
Criminal DUI Charges
If you’re charged criminally for impaired driving—typically for blowing over 0.08, refusing a breath test, or causing harm while impaired—the consequences can be more severe. These cases are prosecuted in criminal court and may include:
- A criminal record
- Mandatory one-year driving prohibition (minimum)
- Fines and court fees
- Possible jail time (depending on circumstances and prior record)
It’s also worth noting that a criminal conviction can affect your ability to travel outside of Canada, including to the United States.
Can You Dispute a DUI Charge?
In some cases, yes. There are legal avenues to challenge both IRPs and criminal DUI charges in BC, but the process depends on the specific circumstances of your case.
Disputing an IRP typically involves requesting a review through RoadSafetyBC, and there are short deadlines involved (usually 7 days to request a review, 21 days for a decision).
Criminal charges are handled through the court system and involve more formal legal proceedings. These cases may involve reviewing the legality of the stop, the accuracy of the testing equipment, or whether your Charter rights were respected.
Why Legal Advice Matters
Whether you’re facing an IRP or a criminal charge, it’s important to understand what you’re agreeing to—and what options you may have to respond. Not every case leads to a conviction, and not all impaired driving incidents are the same.
At Basra Law, we help clients understand their rights and work through the legal process in a clear and respectful way. Our office in Surrey regularly assists with cases involving DUI charges in British Columbia, including first-time incidents, refusals, and roadside prohibitions.
Need Help After a DUI Charge?
If you’ve been issued a driving prohibition or charged with impaired driving in Surrey or the Lower Mainland, reach out to Basra Law. We’re here to walk you through your options and provide support as you navigate the next steps.
Book a consultation to speak with a lawyer and get clarity about where you stand.