DUI Lawyer in Richmond, BC: What to Do After a Charge

What to do right now if you were charged with DUI in Richmond

Being stopped and arrested for impaired driving is stressful. Take a breath. You are presumed innocent, and a few early steps can protect your options.

• Use your right to a lawyer. Under the Charter, you can speak to a lawyer without delay once you are detained or arrested. If police ask questions, you can politely say you want legal advice first.
• You have the right to stay silent. You generally do not have to explain where you were or what you drank. Note that refusing a lawful breath or blood demand is a separate offence, so get advice on that point quickly.
• Follow your release conditions. If you were released with an undertaking or appearance notice, read every condition. Breaking one can lead to a new charge.
• Keep every document. This includes your release papers, any Notice of Driving Prohibition, impound papers and receipts. Write down what you remember while it is fresh.
• Note your first court date. It will be on your paperwork. Missing it can lead to a warrant.

You can request a free, confidential first consultation with a partner criminal defence lawyer using the form on this page.

How an impaired driving case moves through the courts in Richmond

British Columbia does things differently from most provinces. Police in Richmond do not lay charges on their own. They send a report to Crown counsel with the BC Prosecution Service, who decides whether to approve charges. This is called charge approval, which is why you may hear that police have "recommended" charges. There can be a gap of weeks or months between your arrest and an approved charge.

1. First appearance. Most impaired driving cases are heard in the Provincial Court of British Columbia. A lawyer or duty counsel can often appear for you early on.
2. Disclosure. The Crown must give you its evidence: police notes, video, breath test records and certificates. A lawyer reviews this closely.
3. The Crown's election. Impaired driving is a hybrid offence, meaning Crown counsel chooses to proceed summarily (less serious) or by indictment (more serious). This affects the possible penalty and the court process.
4. Resolution or trial. Many cases end through discussions between the defence and Crown. Others go to trial, where the Crown must prove the charge beyond a reasonable doubt.

Cases often take several months. Serious indictable trials can be heard in the Supreme Court of BC, but that is less common for impaired driving.

What a DUI lawyer can do for you

Section 320.14 of the Criminal Code covers driving while impaired by alcohol or drugs and having a blood alcohol concentration of 80 mg or more within two hours of driving ("over 80"). A lawyer may look at:

• The demand. Was the roadside screening or breath demand made lawfully and promptly? Was the screening device approved and used correctly?
• Breath or blood evidence. Testing procedures, timing, instrument records and the qualifications of the technician can all matter.
• Charter issues. Delays in letting you call a lawyer, an unlawful stop, or problems with detention can sometimes lead a judge to exclude evidence.
• Your licence. In BC, police can also issue an Immediate Roadside Prohibition (IRP) or an Administrative Driving Prohibition (ADP) under the Motor Vehicle Act. These are separate from any criminal charge and are reviewed by RoadSafetyBC. The deadline to apply for a review is short, so act quickly. A lawyer can also explain the Responsible Driver Program and ignition interlock requirements that may follow.

For more detail, see the national guide to operation while impaired.

Impaired driving in Richmond: what the numbers show

According to Statistics Canada police-reported data for the Richmond RCMP municipal police service area, there were 212 impaired driving incidents in 2025, a rate of 88.49 per 100,000 people, with 46 persons charged. That is well below the British Columbia rate of 212.11 and the Canada rate of 161.82.

Year	Richmond rate	Incidents	Persons charged	BC rate	Canada rate
2016	91.04	189	57	236.54	197.46
2019	194.19	421	58	356.88	228.09
2022	160.41	366	37	268.30	181.64
2024	83.01	201	34	225.53	165.91
2025	88.49	212	46	212.11	161.82

Incidents in Richmond rose sharply after 2018, peaking in 2019, then fell to their lowest levels in 2024 before a slight rise in 2025. The number of people charged is much lower than the number of incidents, which may reflect how often BC drivers are dealt with through roadside prohibitions instead of criminal charges. For broader context, the Crime Severity Index for the Vancouver metropolitan area was 83.51 in 2025, below Canada's baseline of 100. See more crime statistics for Richmond.

Possible penalties and other consequences

Impaired driving under s. 320.14 is a hybrid offence. A conviction carries a mandatory minimum fine for a first offence, which is higher for higher blood alcohol readings or a refusal, plus a mandatory driving prohibition. Repeat offences carry mandatory jail. The maximum is two years less a day on a summary conviction and up to 10 years on indictment.

• A criminal record, which can affect jobs that involve driving or background checks
• Travel problems, including possible refusal of entry to the United States
• Immigration consequences for permanent residents and other non-citizens, since impaired driving can be treated as serious criminality
• Higher insurance costs and licence requirements

Read the guide to impaired driving charges in British Columbia for details.

Choosing a lawyer and paying for one

Questions worth asking at a first meeting:

• How much of your practice is impaired driving defence?
• Can you help with my IRP or ADP review as well as the criminal case?
• What issues do you see in my case, and what are the likely next steps?
• How do you charge, and what will be included?

Fees vary with the case and are discussed at the first meeting. Legal Aid BC may help if you qualify, often depending on income and whether jail is a real possibility. Duty counsel, free lawyers at court, can give brief advice on your court date.

If you are the complainant or victim

If you were hurt or your property was damaged by an impaired driver in Richmond, you can report it to police. VictimLinkBC offers information and referrals, and the Crime Victim Assistance Program may help with certain costs. Courts can impose no-contact conditions where needed. You can also get your own legal advice through a free victim consultation. Follow local developments in British Columbia crime news.

Free, confidential consultation

Crime Canada is a news and data site, not a law firm, and does not give legal advice. When you fill in the form on this page, your request goes to an independent criminal defence lawyer. The firm reviews it, and a lawyer contacts you to discuss your situation. There is no lawyer-client relationship until you and the lawyer both agree to one.

This page is general information, not legal advice. For advice about your situation, speak with a lawyer.

Frequently asked questions

How much does a DUI lawyer in Richmond cost?

It depends on the facts, whether you also need help with an IRP or ADP review, and whether the case resolves early or goes to trial. Lawyers charge differently, so ask about fees and what is included at the first meeting. If your income is low, Legal Aid BC may be able to help, and duty counsel at court can give free brief advice.

Do I need a lawyer for a first impaired driving offence?

You are not required to have one, but even a first offence can mean a criminal record, a mandatory fine, a driving prohibition and travel or immigration problems. A lawyer can review the demand, the breath evidence and possible Charter issues, and explain your options. Many people find a short consultation useful before deciding how to proceed.

What is the difference between an IRP and a criminal DUI charge in BC?

An Immediate Roadside Prohibition is an administrative licence penalty under the Motor Vehicle Act, issued by police at the roadside and reviewed by RoadSafetyBC. A criminal charge under Criminal Code s. 320.14 is approved by Crown counsel and decided in court. You can face one, the other, or both, and the IRP review deadline is short.

Why haven't I been charged yet after my arrest in Richmond?

In British Columbia, police send a report to Crown counsel with the BC Prosecution Service, who decides whether to approve charges. This can take weeks or months. Keep all paperwork, follow any release conditions, and attend any court date listed on your documents. A lawyer can sometimes help clarify the status of a file.

Can a DUI charge affect my ability to travel or my immigration status?

Yes, it can. A conviction may lead to refusal of entry into the United States, and for permanent residents or other non-citizens, impaired driving can be treated as serious criminality under immigration law. If you are not a Canadian citizen, tell your lawyer early so they can consider immigration consequences.

Which court will hear my impaired driving case in Richmond?

Most impaired driving cases are heard in the Provincial Court of British Columbia. Serious indictable trials can be heard in the Supreme Court of BC, but that is less common for impaired driving. Your paperwork will show where and when your first appearance is.