Differences between an IRP and ADP

Say you have been pulled over by a police officer at a roadside stop, and while you are pulled over, they say that you need to give a breath sample. Well, first and foremost, it is important that if a police officer asks you to blow into a breathalyzer, you should always do it. Refusing to blow is always harder to find a defence for than blowing a ‘Fail.’

If you do blow a ‘Fail,’ then from this moment, there are two different charges that you could potentially face, and it is up to the police officer which one they want to pursue. It could be either a criminal charge or an administrative charge under the BC road laws. Read more about the differences in consequences here.

Immediate Roadside Prohibition

If you get handed an immediate roadside prohibition for failing a breathalyzer, it means just that; the prohibition is immediate and starts right there at the roadside stop.

The length of the prohibition can vary depending on if you blow a ‘Warn’ or a ‘Fail’ or if you have a history with IRPs or DUIs. The IRP can range from 3, 7 or 30 days for a ‘Warn’ result and 90 days for a ‘Fail.’

If you get handed down an IRP, that means that you will also have your license suspended, your car will be impounded for 30 days, and you will eventually need to take a mandatory driving course at the end of the prohibition.

Everything, including your license reinstatement, car release and mandatory course, will be at your own expense. That, on top of personal costs for taxis, Ubers, and potential missed work opportunities.

There is also a $500 fine that comes when you are handed an IRP.

Administrative Driving Prohibition

Just like an IRP, an administrative driving prohibition also begins immediately. It usually (but not always) accompanies a police Criminal Code charge; however, it is handed down under the BC Motor Vehicle Act, so the prohibition itself is not criminal.

When the ADP begins, it is a 90-day period where you can’t drive. It is usually handed down as a result of a second or subsequent incident.

An IRP can only be given based on a roadside breathalyzer result; an ADP can be issued for blood samples and based on breath samples at the police detachment.

Both an IRP and an ADP will trigger an automatic Responsible Drivers Program (RDP) referral and a possible Ignition Interlock device.

It is important to remember that both prohibitions can be challenged if you file for an appeal within seven days of receiving the prohibition.