The 12-hour and 24-hour suspensions are the shortest roadside measures police use in British Columbia. They are often treated as minor. They are short, but they can still matter for your driving record and your future.
The 12-hour suspension for new drivers
If you are in the Graduated Licensing Program, you hold an L or an N. These licences have zero tolerance for alcohol and certain drugs. If police detect any alcohol, they can suspend your licence for 12 hours. The same applies to detectable THC or cocaine.
There is no minimum reading for this. Any detectable amount is enough. Many new drivers are surprised by how little it takes.
The 24-hour prohibition
The 24-hour prohibition comes from section 215 of the Motor Vehicle Act. It applies to all drivers, not only new ones. Police can issue it when they believe your ability to drive is affected by alcohol or drugs.
That belief can come from different sources. Police may rely on a physical sobriety test or on a drug recognition assessment. They may also rely on a breath test. The 24-hour prohibition is often used where drugs are suspected, because roadside breath devices only measure alcohol.
Can you challenge a 24-hour prohibition?
Yes. You can request a review within 7 days. Unlike some other reviews, this one cannot be done online. By the time a review is decided, the 24 hours have usually passed. The value of a review is in keeping the prohibition off your record.
Why these short suspensions still matter
Neither of these is a criminal offence. They do not create a criminal record. They do go on your driving record.
A pattern of short prohibitions can lead to bigger problems. Three or more 24-hour prohibitions can trigger a referral to the Responsible Driver Program or the ignition interlock program. Those programs cost real money and take months to complete. For new drivers, a suspension can also affect progress through graduated licensing.
Know what you were given
Drivers sometimes think they received a 24-hour prohibition when it was actually an Immediate Roadside Prohibition. The difference is significant. An IRP can last up to 90 days and comes with penalties and impoundment. Read your paperwork carefully. If you are not sure, have a lawyer look at it right away.
Acumen Law offers free consultations, and our phones are answered 24 hours a day at 604-685-8889. A quick call can tell you whether a review is worth pursuing.
