A DUI charge in Vernon, Kelowna, or anywhere on Highway 97 usually arrives with two separate problems: a criminal charge under Section 320.14 of the Criminal Code, and an Immediate Roadside Prohibition with a 7-day appeal window. Julian Van Der Walle Law defends both tracks. The first conversation is free.
Impaired driving in BC is charged under Section 320.14 of the Criminal Code with four distinct variants: impaired operation by alcohol or drug (320.14(1)(a)), over 80 mg of alcohol per 100 mL of blood (320.14(1)(b)), having a prohibited blood drug concentration (320.14(1)(c) and (d)), and refusal to provide a breath or blood sample (320.15). Each variant has its own evidence requirements and its own defences. Julian represents drivers across Vernon, Kelowna, Penticton, Salmon Arm, and the Kootenays.
Driving while your ability is impaired by alcohol, cannabis, or other drugs. Crown Counsel must prove impairment beyond a reasonable doubt through officer observations, field sobriety tests, and toxicology evidence. First offence carries a mandatory minimum $1,000 fine.
Operating a motor vehicle with a blood alcohol concentration at or above 80 milligrams per 100 millilitres of blood. Proven through approved screening devices and breathalyzer readings at the RCMP detachment. Mandatory minimum $1,000 fine on first conviction.
Refusing or failing to comply with a police demand for a breath or blood sample without reasonable excuse. This offence carries the same penalties as an over 80 conviction. Julian examines whether the demand was lawfully made.
Operating a vehicle in a manner dangerous to the public. Often charged alongside impaired driving when driving pattern evidence exists. Maximum penalty of 10 years, or life imprisonment if bodily harm or death results.
Most impaired driving files in BC run on two tracks at the same time. The criminal track moves through the Vernon Law Courts or Kelowna Law Courts and is governed by the Criminal Code. The administrative track runs through RoadSafetyBC under the Motor Vehicle Act and produces the Immediate Roadside Prohibition you were handed at the roadside. Both tracks have their own deadlines, their own evidence, and their own defences.
The administrative track is fast: 7 days to file the IRP review with RoadSafetyBC. The criminal track is slow: 6 to 14 months from charge to resolution at the Vernon Law Courts. Defending one without defending the other leaves the file half-handled. Julian Van Der Walle handles both as one coordinated strategy: protecting your licence on the administrative side, and protecting your record and your liberty on the criminal side.
Practice areas covered on the criminal side: impaired operation by alcohol, impaired operation by drug, over 80, refusal to provide a sample, dangerous operation under Section 320.13, and the bodily-harm and death variants under Section 320.14(2) and (3).
Julian scrutinizes approved instrument maintenance records, calibration logs, operator qualifications, and the timing sequence between breath samples. Technical errors in the breathalyzer process can render readings inadmissible at trial.
Julian handles every impaired driving file himself from initial consultation through to resolution. You have direct access to your lawyer throughout the case, and your defence strategy receives his full, undivided focus.
Years of practice in the Vernon area means Julian understands local RCMP roadside stop procedures, detachment practices, and the tendencies of Crown prosecutors and judges at the Vernon Law Courts.
The 2018 Criminal Code amendments under Bill C-46 set mandatory minimum penalties for impaired driving offences. The minimums escalate with each subsequent offence and apply regardless of which Section 320.14 variant Crown proceeds with.
First offence (Section 320.19(1)):
Second offence:
Third or subsequent offence:
Bodily harm or death (Section 320.14(2) and (3)): maximums escalate dramatically. Causing bodily harm carries up to 14 years on indictment. Causing death carries up to life imprisonment.
Refusal to provide a breath or blood sample under Section 320.15 carries the same penalty range as an over 80 conviction, so the strategy of “refusing to blow” usually backfires.
BC impaired driving files turn on Crown’s ability to prove the procedure was followed at every step. Defence work runs through the disclosure: the officer’s notes, the Approved Screening Device records, the Intoxilyzer printouts, the video at the detachment.
Section 9 (arbitrary detention). The traffic stop has to be lawful at every stage. A stop that extends beyond its initial purpose, an investigative detention without grounds, or a roadblock that was not properly authorized can lead to evidence exclusion under Section 24(2) of the Charter.
Section 10(b) (right to counsel). Police must inform the driver of their right to a lawyer and provide a reasonable opportunity to call counsel before the Intoxilyzer at the detachment. Failure to facilitate the call, or interruption of the right, is one of the more common bases for excluding the breath results.
Approved Screening Device challenges. The two roadside devices BC RCMP use are the Drager Alcotest 5000 (older) and the Drager Alcotest 7510 (current). Each device must be calibrated, certified, operated by a trained officer, and used within its temperature and timing limits. Calibration logs and operator certifications are disclosable. If the device was out of certification or the calibration record is incomplete, the result may not be reliable.
Intoxilyzer 8000C at the detachment. BC RCMP detachments use the Intoxilyzer 8000C for the evidentiary breath samples taken back at the station. The interval between the two samples, the 20-minute observation period, the breath temperature compensation, and the maintenance records are all defence vectors.
Section 8 (search and seizure). Crown must establish that the demand for breath, blood, or oral fluid was lawful. A demand made without the required suspicion (for screening) or grounds (for evidentiary samples) can lead to the entire chain of evidence being excluded.
Crown disclosure issues. Late, incomplete, or missing disclosure can support a Section 11(b) application based on unreasonable delay. R v Jordan set 18-month and 30-month presumptive ceilings for trial. Stays of proceedings under Jordan happen in BC provincial courts regularly.
Every case begins with a private, judgment-free consultation. We review the details of your charges, examine disclosure, and discuss your version of events. You’ll receive clear, straightforward guidance about your legal position, potential outcomes, and the best path forward so you can make informed decisions.
No two cases are the same, which is why your defence is carefully tailored to your circumstances. We analyze evidence, identify weaknesses in the Crown’s case, explore Charter issues, and develop a focused legal strategy designed to protect your rights and achieve the strongest possible result.
From negotiations to trial, your case is handled with preparation and determination. We advocate firmly on your behalf, challenge evidence where appropriate, and pursue every available legal avenue. Throughout the process, you remain informed, supported, and confident in the defence being presented.
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