IMPAIRED DRIVING, OVER 80 AND REFUSAL
DUI Lawyer in Penticton
Julian Van Der Walle is the DUI lawyer Penticton drivers call after a stop, because an impaired driving charge here means two fights at once. One is the criminal charge in Penticton Provincial Court, the other is the RoadSafetyBC licence prohibition, and Julian handles both.
Stopped by Penticton RCMP?
7 days to apply for a review if you got an IRP at the roadside.
1 year minimum driving prohibition if you are convicted in criminal court.
Free first consultation with Julian, by phone or video, answered 24/7.
Criminal defence only
Julian Van Der Walle has practised nothing else since 2010.
100+ trials
Run by Julian in both levels of BC trial court and in Alberta.
Phone or video consults
Penticton drivers get advice without a trip to the office.
Answered 24/7
Two fights after a Penticton impaired driving stop
Most Penticton drivers don’t realize the criminal charge and the driving prohibition are separate processes with separate deadlines. Winning one doesn’t automatically win the other, and missing a deadline on either can cost you your licence for months.
Julian Van Der Walle looks at both tracks from the first call. As a Penticton DUI lawyer he works out whether you were given a roadside prohibition, a criminal charge or both, explains what each one needs, and files what has to be filed this week while the disclosure is requested.
The criminal charge
Heard in Penticton Provincial Court at 100 Main Street. Julian defends the charge itself, because a conviction brings a record, a fine and a driving prohibition across Canada.
Your licence
A RoadSafetyBC prohibition can start the moment the officer hands you the paperwork. Julian files the review first, since that window is short.
Impaired driving charges Julian defends in Penticton
Every one of these starts with a stop somewhere around Penticton, and every one can be tested in court.
Impaired by alcohol or a drug
Section 320.14(1)(a). Julian challenges the officer’s observations of driving and impairment, which is all the Crown relies on.
Over 80
Section 320.14(1)(b), a blood alcohol level of 80 mg or more within two hours of driving. Julian tests the readings and the timing.
Refusing a breath demand
Section 320.15, its own charge with a $2,000 minimum fine. Julian examines whether the demand was lawful in the first place.
Roadside prohibitions
Warn, fail and refusal IRPs under the Motor Vehicle Act, with a 7 day review window.
What a first DUI conviction costs in Penticton
1 year
minimum driving prohibition on a first conviction
$1,000+
minimum fine, rising with the blood alcohol reading
$2,000
minimum fine for refusing a breath demand
A record
that can follow you to the Osoyoos border crossing
That is a lot to accept before a DUI lawyer Penticton drivers can trust has tested the case.
Where impaired driving cases are won
Most Penticton DUI cases aren’t decided by the reading. They’re decided by what happened before and around it. Julian Van Der Walle reviews the officer’s notes, the breath records and any video line by line, looking for the step that wasn’t done properly.
A problem at any one of those steps can get the breath results excluded under the Charter or leave the Crown unable to prove the charge. Julian has won acquittals for clients who blew over the limit, and you can read some of Julian’s past wins.
The reason for the stop
Did Penticton police have a lawful basis to pull you over, or to make a demand?
The breath demand
Was it made properly, and at the right time?
The instrument and readings
Was the approved instrument operated and maintained the way the law requires?
Your right to a lawyer
Were you told about it under section 10(b), and given a real chance to call one?
Stops around Penticton and the South Okanagan
A lot of Penticton impaired driving files start at roadside checks on Highway 97, Channel Parkway or Lakeshore Drive, especially through the summer. Others start after a collision or a call from another driver. Checkstops near Okanagan Falls, Oliver and Osoyoos send their files to the same Penticton courthouse.
Where and why you were stopped is often the first thing Julian asks about, because it shapes the whole defence. Before your court date, read about your rights at a Penticton roadblock.
Penticton Law Courts
100 Main Street. DUI charges from Penticton, Summerland, Oliver and Osoyoos are generally heard here.
How your Penticton DUI case moves with Julian
01
Free consultation
Call or book a video chat. Julian reviews the charge, any prohibition and your Penticton court date.
02
Deadlines and disclosure
Julian files any IRP review on time and requests full Crown disclosure.
03
Testing the evidence
Julian examines the stop, the demand, the instrument and your right to counsel.
04
Resolution or trial
Some DUI cases end in a withdrawal or a lesser outcome. Others Julian takes to trial in Penticton.
DUI questions from Penticton drivers
Julian Van Der Walle answers what Penticton drivers ask most after an impaired driving stop.
Is an IRP the same as an impaired driving charge?
No. An IRP is a provincial roadside penalty with no court date and no criminal record. An impaired or over 80 charge is criminal and goes to Penticton Provincial Court. A stop can produce one, the other or both, and Julian handles each on its own deadline.
Can I drive while my DUI charge is in court?
If you weren’t given a roadside prohibition, often yes until the case ends. If police served an administrative prohibition, it runs on its own clock no matter what happens with the criminal charge. Julian sorts out which applies to you on the first call.
Should I plead guilty at my first appearance in Penticton?
No. Nothing gets decided at a first appearance, and pleading guilty that day locks in the one year prohibition and a record before a DUI lawyer has looked at the evidence. Let Julian review the disclosure first.
Will a first impaired driving conviction show up at the US border?
It can. A criminal conviction appears in databases that border officers check, and it can cause problems crossing at Osoyoos or anywhere else. That’s why Julian works to avoid the conviction, not just reduce the fine.
Need a DUI lawyer in Penticton?
Call Julian Van Der Walle before your first court date, and right away if you got a roadside prohibition. The consultation is free and confidential, and you can also see how Julian works as a criminal lawyer in Penticton.
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