If you get an Immediate Roadside Prohibition (IRP) in BC, you can be forced to have a Smart Start ignition interlock device installed in your vehicle. Aside from being a huge inconvenience, these devices are expensive. Not only do you have to pay to have it installed, but you also need to pay Smart Start a fee to rent the device. The total costs work out to be approximately $2,000 per year.
If you have an ignition interlock requirement, you will probably be wondering if there is some way to get it either reduced or revoked altogether. This blog will look at whether this is possible and if so, under what circumstances.
What is Smart Start?
Smart Start is a manufacturer of ignition interlock devices. These machines are effectively breathalyzers connected to your vehicle.
If you get an IRP, the Superintendent of Motor Vehicles here in BC can refer you to a Remedial Program for a certain amount of time. That might consist of the Responsible Driver Program (RDP), or the Ignition Interlock Program (IIP), or both.
The BC government partnered with Smart Start Canada to deliver the IIP.
How does the Smart Start device work?
The ignition interlock connected to the vehicle’s ignition. The driver must blow into the device before starting the vehicle. If it registers any traces of alcohol, the vehicle will not start.
The device will also prompt the driver to provide breath samples at random intervals. If it detects alcohol, it will record the violation and prompt the driver to pull over.
The device also records data such as every time a driver passes or fails a breath test and any attempts to tamper with it. Drivers participating in the program have to regularly go to a Smart Start location for maintenance and so all the data can be downloaded. The Superintendent of Motor vehicles monitors this data and any violation can lead to the length of time a driver has to enroll in the program being extended.
Can I get the requirement lifted?
Depending on your driving record, it is possible to get the ignition interlock requirement revoked or the length of time you have to enroll in the program reduced. There is a review process in place to challenge a referral to a Remedial Program.
If you have a good driving record with no alcohol or drug-related offences you should be able to have the interlock requirement revoked. Many people get one IRP and later find out they have to take part in the IIP. These drivers are usually able to argue that the referral to a Remedial Program is not necessary.
If you don’t have a clean driving record, getting the ignition interlock removed is trickier. If you make a compelling submission to the Superintendent of Motor Vehicles they may reduce the length of time you have to have one. It is recommended that you hire a lawyer to help you with this.
Another Acumen first
At Acumen Law, our lawyers frequently help people get the Smart Start ignition interlock requirement reduced or revoked. We were instrumental in getting the requirement lifted for our first group of clients back in 2013.
You won’t find any help from the government in getting the Remedial Program requirement lifted. Simply put, it’s a big moneymaker so it’s not in the Province’s interest. Through hard work over the years, we have discovered which types of submissions are successful.
To find out if you might be eligible to get an ignition interlock device removed, give us a call on 604-685-8889.
Hello
I’m hoping you can help me. I have the smart start device and it’s been a safety hazard for me. I live in Bella Coola. I went out for recalibration in December. The unit stopped working right afterwards and it took all day in -15 weather to work on .
I then had to come back home over the chilcotin and drive down heck man pass which has areas of 19% grade. It is a harrowing experience at the best of time and then having to blow into the meter while trying to
Concentrate on this drive.
I would be interested in seeing if I can be eligible to challenge this situation.
Thank you.
I have 2 of these installed (one in my car and one in my work truck). It’s been my experience that this is all about money. Safety doesn’t seem to factor in. An impaired charge Is just like tobacco taxes. It’s not about safety or health. It’s about money.
Of course it is. They also punish people who have totally quit drinking. Beware though I used a listerene spray one day and it blew a warning!!
I and my lawyer Kyla Lee applied to revue my RIP to Government lawyers how long I must wait to have answer from them? It is hard an expensive to Have Smart Ignition Lock. I need to go back to work at Hospital in Abbotsford but I have no ability to get my Driver’s License as they at ICBC inform me that I have to install that Smart Lock however Litigation is in process and therefor there is no decision. Smart lock must be ordered/revoke by RoadSafety Superintendent otherwise people at the shop will not install it and at the same time ICBC will not issue a License. I am stuck now. 90 days of RIP is over as I could not blow to it on medical grounds.
Where is the closest place I can get the smart start installed.im located in Nelson bc