24 hour driving prohibition in BC

The police have many tools at their disposal to deal with drunk drivers. One such tool is the 24-hour driving prohibition in BC. They are more common than you might think.

Using powers under Section 215(2) of the Motor Vehicle Act , an officer may issue a driver with a 24-hour driving prohibition if they have “reasonable grounds” to suspect their ability to drive is impaired by alcohol or drugs.

While a 24-hour suspension is less than the 90-day Immediate Roadside Prohibition or Administrative Driving Prohibitions, its consequences are no less serious.

When would police issue a 24-hour driving prohibition in BC?

Typically, police officers issue 24-hour driving prohibitions after pulling someone over. They serve the notice of prohibition at the roadside. You will have to surrender your licence and you can only get it back at the end of the suspension period.

Police must have “reasonable grounds” to issue the suspension. This could be blowing a “Warn” or “Fail” on an approved screening device or a physical coordination test, however, a police officer does not have to do this to issue the notice.

If you believe your ability to drive is not affected by alcohol or drugs, you may ask the police officer to test your blood alcohol concentration on an approved screening device or to conduct a physical coordination test. However, you may be subject to a more severe driving prohibition depending on your results.

What are the consequences?

As well as banning you from driving for a day, police can also have your vehicle impounded for 24 hours. You will be liable to pay all the towing and vehicle storage costs.

How long does a 24-hour driving prohibition stay on your record?

This type of suspension stays on your driving record. If you have other offences as well, this means that it could prompt the Superintendent of Motor Vehicles to consider you for the Driver Improvement Program. They might send you a Notice of Intent to Prohibit or refer you to the Responsible Driver and Ignition Interlock programs.

Can I challenge a 24-hour driving prohibition in BC?

 While not being able to drive for 24 hours may seem like a minor inconvenience, the fact it appears on your driving record is reason enough for many people to challenge it. If you believe the prohibition was not justified you are entitled to appeal it. The appeal process for a 24-hour driving prohibition issued for alcohol is different from one issued for drugs. You can read more about it here.

If the suspension was issued for alcohol, the first step is to appeal to a RoadSafetyBC adjudicator. Don’t panic if that appeal was unsuccessful, you still have recourse for a further appeal to the BC Supreme Court. If the prohibition was issued for drugs, however, your only chance to appeal is with the BC Supreme Court.

As happened in this case, a driver appealed his 24-hour driving prohibition for drugs had to go directly to the BC Supreme Court. The judge noted: “The Legislature has not seen fit to include a review by the Superintendent despite providing such a review where the suspension arises out of the impairment to operate a motor vehicle as a result of the use of alcohol.”

The judge found “nothing” in the police officer’s evidence about why he pulled the driver over and duly quashed and revoked the prohibition.

We can help

 Acumen Law is experienced will all kinds of driving prohibitions, including 24-hour suspensions. Just because the length of prohibition is shorter does not make it any less impactful on your driving record. The only way to get a 24-hour driving prohibition removed from your record is to successfully have it overturned. You stand a better chance with a lawyer so call us now on 604-685-8889.