An Immediate Roadside Prohibition, or IRP, is a driving prohibition that police in British Columbia can issue on the spot. It comes from the provincial Motor Vehicle Act. It is not a criminal charge. It still carries serious consequences for your licence and your wallet.
Police usually issue an IRP after you provide a breath sample into an approved screening device (ASD) at the roadside. They can also issue one if you refuse or fail to provide a sample.
WARN and FAIL results
The ASD gives one of two results that matter for an IRP. A WARN means a blood alcohol concentration of 50 to 79 mg%. A FAIL means 80 mg% or more.
A WARN leads to a 3-day prohibition if it is your first in five years. A second WARN in five years means 7 days. A third means 30 days. A FAIL or a refusal leads to a 90-day prohibition.
The penalties go beyond the time off the road. There is a monetary penalty and a licence reinstatement fee. Your vehicle may be impounded. For 30-day and 90-day IRPs, police must impound the vehicle for 30 days. The cost of a 90-day IRP can run into the thousands of dollars after the impoundment, fees, towing and storage, remedial program referrals, and costs for being without a licence for 90 days. That figure does not include the Responsible Driver Program or the ignition interlock, which often follow.
What you receive at the roadside
Police will hand you paperwork often called the “blue papers.” These are the Notice of Driving Prohibition and, where applicable, the Notice of Impoundment. They tell you very little about why the IRP was issued. The full police report is often 10 to 15 pages. The adjudicator who reviews your case will see that report. You will not have it at the roadside.
You can apply for a review
You can challenge an IRP by applying to RoadSafetyBC for a review. You must apply within 7 days of being served. Within that time you have to file the application with the fee. You also have to book the review. There are no extensions. If you miss the deadline, you are deemed to accept the prohibition.
The prohibition stays in effect while the review is underway. You cannot drive while you wait for a decision.
Only certain grounds can succeed at a review. Hardship and a clean record are not among them. Many successful arguments relate to how the screening device was maintained and calibrated, or how the officer operated it. Acumen Law has specialized in IRP defence since the scheme began in 2010. We know which arguments work.
If you were just served with an IRP, call Acumen Law at 604-685-8889 for a free consultation. We answer 24 hours a day, and your 7-day window is already running.