Alcohol and Drug related Driving Offences in Victoria

Impaired driving (popularly known as a DUI) captures a wide range of criminal alcohol and drug-driving-related conduct and has been one of the more common criminal offences in Victoria. While new changes to the law are decreasing the number of criminal charges laid with regard to this offence and increasing the number of administrative sanctions associated with it, conviction rates in British Columbia are higher than ever, with a reported conviction rate in 2016 of 88%. That means that nearly 9/10 people charged end up being convicted. By way of contrast, at Strategic Criminal Defence we obtain a successful result in the vast majority of our impaired driving cases.

While we tend to talk about impaired driving as a single offence, in Victoria and the surrounding area, you can actually be charged with 3 distinct alcohol-related driving offences:

  1. Impaired Driving/Care or Control (s. 253(1)(a) of the Criminal Code)
  2. Driving/Care or Control while Over 80 or Over .08 (s. 253(1)(b) of the Criminal Code)
  3. Refusal or Failure to provide a sample of blood or breath (s. 254(5) of the Criminal Code)

Impaired Driving FAQs

  1. How can I defend a refusal/failure to provide a breath sample charge
  2. Can I be charged with a DUI even if I wasn’t driving or the vehicle wasn’t moving (Care or Control?)
  3. What is the penalty if I plead guilty or I am found guilty of a DUI?
  4. How will my DUI charge affect my license in Alberta?
  5. How can I avoid a criminal record if I am guilty of a DUI?
  6. Can I go to the US if I am found guilty of a DUI?
  7. Can I get charged with a DUI if I am driving while I am high on drugs?

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