Immediate Roadside Prohibitions

Immediate Roadside Prohibitions

An immediate roadside prohibition (“IRP”) is a driving prohibition issued by a peace officer under the Motor Vehicle Act as a result of a driver blowing over the legal limit on an approved screening device or refusing to provide a sample of their breath.  Pursuant to section 215.41 of the Motor Vehicle Act a police officer can make a demand to a driver to provide a breath sample on an approved screening device. If the device registers a warn or a fail and if the police officer has reasonable grounds to believe that as a result of the breath analysis the driver’s ability is affected by alcohol then the police officer must serve a notice of driving prohibition.

Under section 215.42 of the Motor Vehicle Act, if a breath analysis of a person registers as a warn or a fail a person has a right to forthwith request and be provided with a second analysis and a peace officer must inform the person of that right before the peace officer severs a notice of driving prohibition.

There are various lengths of IRP’s that can be served from 3 days to 90 days. Pursuant to section 215.43 of the Motor Vehicle Act, if the approved screening device registers a “warn”, the person who provided the breath sample is prohibited from driving for:

  1. 3 days for a first prohibition;
  2. 7 days for a second prohibition; and
  3. 30 days for any subsequent prohibition.

However, if an approved screening device registers a fail or if a person refuses to provide a breath sample then a 90 day driving prohibition is served on the person. Any of these driving prohibitions take effect immediately and in the case of a 30 or 90 day prohibition results in an automatic impoundment of the vehicle. Note that police could also impound your vehicle for a 3 or 7 day prohibition as well. Along with prohibition and impoundment there are also various other consequences depending on length of prohibition and other factors which could include:

  1. Monetary penalty;
  2. Towing and/or impound fees;
  3. requirement to complete the responsible drivers program and associated costs; and/or
  4. Installation of an ignition interlock device in a vehicle used for a period of one year along with associated costs. The ignition interlock device is installed in vehicle and requires the driver to provide a breath sample in order to start the vehicle.

Applying for Review if an IRP

You can apply to review a 3, 7, 30 and 90 day driving prohibition but you must apply for a review within 7 days of the date you were served with the Notice of Driving Prohibition. You will need to submit the application for review, pay the review fee in full and book a review date.  You can apply for review at any ICBC licensing center or online at:

https://alpha.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/prohibitions/apply-online

You can seek to have a written review on a 3, 7, 30, and 90 day prohibition but can only seek an oral review for a 30 or 90 day prohibition. It is extremely important that if you wish to proceed with a review that you apply for a review within the 7 days of the date you were served with the Notice of Driving Prohibition as the Superintendent of Motor Vehicles has no authority to conduct reviews after the 7 days have passed.

A lawyer can assist in reviewing and assessing your case and in the case of written review can prepare a letter to the Office of the Superintendent by a specified date and time or in the case of oral review make oral submissions on your behalf. If you receive a driving prohibition and wish to proceed with a review, do not hesitate to contact our office to speak to one of our lawyers.

CONTACT US TODAY

3 + 7 =