Welcome to British Columbia’s only weekly DUI law update newsletter. This newsletter contains the most cutting-edge information, the newest case law, and helpful practice tips for DUI defence in BC.
Authored by Kyla Lee, BC’s Impaired Driving Update is released weekly on Thursdays.
What’s inside:
- IRP Defence Tip of the Week
- IRP Decision of the Week
- DUI Decision of the Week
- Kyla’s Insight
1. IRP Defence Tip of the Week
At long last body camera footage is finally surfacing for IRP hearings, at least those from Vancouver Police. It is very important you watch all the body camera footage closely before the hearing. Ask for an adjournment if you get it so late that you do not have time to do so. Even in cases where your client appears extremely intoxicated or is combative or belligerent, the police conduct may be fatal to the case.
2. IRP Decision of the Week
Prohibition Revoked:
After receiving a complaint of a potentially impaired driver, police intercepted a man walking down the street. After a brief interaction, it became apparent this individual was intoxicated. Despite this, police delayed making a demand for breath samples for quite a long time while they conducted an arrest, search, and waited for other officers to arrive.
Eventually, a demand was read. Body camera footage from the investigating officer showed the officer did not read the approved screening device demand but mistakenly read the breath demand. After a further lengthy delay, the officer then attempted to conduct an ASD test.
Kyla Lee successfully argued that simply because the officer intended to make the ASD demand and attempted an ASD test did not mean there was sufficient elements of an ASD demand met, when the officer clearly reads the incorrect demand. The adjudicator agreed and the prohibition was revoked.
3. DUI Decision of the Week
This week’s decision addresses the obligation on police to facilitate contact with counsel where a person requests to speak with a third-party, non-lawyer. In R. v. Rai, 2026 ONSC 567, Mr. Rai said he wanted to speak to “Angelo” (or “Anthony”). The police initially thought this person might be a lawyer. Mr. Rai clarified he was not a lawyer but a “traffic ticket agent.” Mr. Rai claimed that he wanted call Angelo or his mother so that they could help him find a lawyer.
The police did not give him his phone. Instead, they offered duty counsel, which Mr. Rai accepted. He later told police he was satisfied with the advice from duty counsel.
At trial, Mr. Rai argued that this violated his s. 10(b) Charter right to counsel because police failed to properly implement his right to contact counsel of choice.
While the Court ruled that police satisfied s. 10(b) by offering duty counsel and they were not required to hand over the detainee’s phone to call a third party, especially where the detainee could not identify a lawyer and accepted duty counsel as satisfactory, the police do have an obligation generally to contact a third party if a person is not satisfied with duty counsel or refuses that option. However, that is not a right to make the phone cll oneself; the police are permitted to make the call and inquire for the referral.
4. Kyla’s Insight
Rai matters because it stops s. 10(b) from quietly turning into a “right to your phone,” and re-centres the law on reasonable police facilitation, not detainee-controlled communications. At first blush this may not seem like the desired result, but in the end I think it is a good thing that the police are being saddled with more responsibility.
After all, they do have great power. Court decisions that recognize the greater burden on police where they have this power are always helpful in the long run even if the desired result wasn’t achieved by Mr. Rai.
5. Resources
Want to know more about impaired driving and Immediate Roadside Prohibitions in BC? Here are some helpful resources:
The BC Motor Vehicle Act: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96318_00
Criminal Code Offences Relating to Conveyances: https://laws-lois.justice.gc.ca/eng/acts/c-46/page-46.html#h-121277
CanLII: https://www.canlii.org/
RoadSafetyBC: https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc
6. Contact Us
The police have their experts. You should have yours.
Charged with impaired driving? Get the lawyer who literally wrote the book on it. Call Kyla Lee at Acumen Law today. Visit our contact form or call 604-685-8889 or email kyla@vancouvercriminallaw.com
7. Featured Firm
Featured Firm: Acumen Law Corporation
Based in Vancouver, Acumen Law Corporation is one of British Columbia’s leading criminal defence firms, recognized across Canada for its work in impaired driving law. The firm’s lawyers have successfully defended thousands of Immediate Roadside Prohibitions, criminal impaired charges, and driving suspensions.
Kyla Lee, a partner at Acumen Law, is widely regarded as a national authority on DUI law. She has authored multiple legal textbooks, teaches DUI defence across North America, and regularly appears in the media explaining developments in driving law.
Acumen Law is known for its deep understanding of both the law and the science behind impaired driving cases. The team approaches every file with meticulous preparation and a commitment to protecting the rights of drivers across BC.
