New Driver with an IRP

It’s awful being a New Driver in BC. If you’ve got an “N” and you’re accused of driving after drinking, you’ve got a big problem.

In BC the graduated license program is akin to having an axe above your head with a hair release. If you’re a Novice / New Driver, i.e. you have an “N” and you get a ticket for the most minor infraction, you can expect the Office of the Superintendent of Motor Vehicles to pull your license. We think it’s cruel. A graduated license program can make sense, but the way it’s implemented in BC is just mean.

Driving is complex. It takes years to fully appreciate the rules of the road and how to properly handle a vehicle. It simply makes sense that novice drivers will make more mistakes as part of the learning process. Should the punishment be that much harsher for people who are still acquiring driving skills? Should the most inexperienced drivers be prohibited from driving for just one infraction? We think that the graduated license program doesn’t need to be mean to be effective.

New Driver with an IRP

Everyone who has a restriction on their driver’s license requiring that they display an “N” (i.e Class 7 drivers) seems to be aware of the requirement that they not drive with any alcohol in their body. The policy is zero tolerance for any alcohol in an “N” driver at any time that they’re behind the wheel or in care and control of a motor vehicle. Any notation on the driving record of a Class 7 license holder indicating alcohol in their body while driving will then trigger a long driving prohibition from the Superintendent of Motor Vehicles.

What typically happens is the “N” driver is pulled over and asked to blow into a roadside breathalyzer, known in Canada as an ASD. The breathalyzer registers the presence of alcohol. The driver is ultimately issued either a 12-hour driving prohibition for a small amount of alcohol, an IRP of 3, 7, 30 or 90-days, or a 24-hour prohibition and a 90-day ADP.

No matter what type of alcohol related prohibition the police issue an “N” driver, a big red light flashes on a computer screen in a government office in Victoria and moments later papers start spitting out of a printer in the Office of the Superintendent of Motor Vehicles. Within a day or two a Notice of Intent to Prohibit is mailed to the New Driver and they lose their license for a long time.

Zero tolerance does not mean guilty

Sadly, many drivers who have an N, particularly young people, are of the mistaken belief that the roadside prohibition means an automatic OSMV prohibition. We regularly get calls from “N” drivers who have received an IRP and who assume that they are doubly guilty because they are a Class 7 driver and are therefore the zero tolerance policy means they’re screwed.

The truth is that in BC the zero tolerance policy for alcohol in “N” drivers only applies if the prohibition is upheld. Zero tolerance does not mean “guilty.” And in many cases, we are successful in challenging the IRP, ADP or other DUI. In other words, if you win your IRP appeal, then the OSMV will not consider the alcohol related notation on your record and you can avoid a long driving prohibition.

How can I win my DUI if I’m a New Driver?

All of the same defences apply whether you’re a Novice Driver or you have a regular Class 5 license. We’ve identified a few hundred different defences to IRPs, many more for criminal DUIs, as well as a significant number of defences for 24-hour prohibitions and 12-hour prohibitions.

With regards to 12-hour prohibitions, you should be aware that the breathalyzers we use in BC are less accurate at lower alcohol levels. Moreover, they do not ensure that alcohol from a previous test has been eliminated from the breathalyzer before the next person blows. In other words, the breathalyzer might still be reading alcohol from the person who blew before you did!

This is a particular problem with the Alco-Sensor IV breathalyzer that we use here in British Columbia. Studies have shown that the Alco-Sensor IV can hold alcohol from the previous test for a significant period. If it’s cold out and the breathalyzer is cool, an inaccurate result is even more likely because the alcohol that is condensed in the breath manifold evaporates more slowly.

Appealing your IRP or DUI as a New Driver

If you have an “N” and you get an alcohol-related driving prohibition, you should contact a lawyer and dispute the prohibition. Some people think that they should just wait to see what happens. Waiting to see what happens is most often a big mistake.

If your house is on fire, get out. If there’s an earthquake, get away from the shore. If you get a DUI, call a DUI lawyer.

Even if you’re a New Driver, there’s a good chance we can help you avoid a long driving prohibition. The first thing you need to do is call us. We’ve got DUI lawyers in Vancouver, Richmond and Surrey who take cases from anywhere in BC. We even have a 1-800 number.

If you’re got an IRP or alcohol-related prohibition, call us right away.