A FAIL on a roadside approved screening device means the device registered a blood alcohol concentration of 80 mg% or more. In British Columbia, that usually leads to a 90-day Immediate Roadside Prohibition (IRP). The consequences start right away.
What police must do first
Before a prohibition is issued, police must tell you that you have the right to a second test. That second test must be done on a different screening device. If you were not told about the second test, or if the second test was done on the same device, that can be a ground to challenge the IRP.
The immediate consequences
A 90-day IRP takes effect at the roadside. Police must impound your vehicle for 30 days. You will be handed the Notice of Driving Prohibition and the Notice of Impoundment.
The costs add up quickly. The costs can run well into the thousands of dollars. That includes a $500 penalty and a $250 licence reinstatement fee. It also includes roughly $800 or more in impound and towing costs and the $1,200 referral to the Responsible Driver Program.
What follows later
A 90-day IRP comes with a mandatory referral to the Responsible Driver Program. The program costs $1,200, though reduced options exist. You must finish it within one year of the referral. If you do not, you cannot hold a licence. You may also be referred to the ignition interlock program.
ICBC may also charge a Driver Risk Premium for three years after the IRP depending on your driving record. There is no work licence or restricted licence for a 90-day IRP. There is no way to shorten it.
Is it a criminal charge?
No. An IRP is an administrative prohibition, not a criminal charge. It does not create a criminal record. Crown policy in BC is generally not to pursue criminal impaired or over 80 charges once a 90-day IRP has been issued for the same incident. Criminal charges are more likely in cases involving a crash causing injury or death, where there is a repeat history, or the alleged level of intoxication is high.
You can challenge it
You have 7 days from being served to apply to RoadSafetyBC for a review. That deadline is firm. The prohibition stays in effect during the review, so you cannot drive while waiting.
If the IRP is revoked, your licence is reinstated and your vehicle is returned. The government pays the towing and storage costs. No Responsible Driver Program or interlock referral flows from a revoked IRP.
Many successful reviews focus on the screening device itself. Acumen Law owns approved screening devices and has studied how they work from the inside.
A FAIL is not the end of the story. Call Acumen Law at 604-685-8889 today for a free consultation, and we will help you act before your 7 days run out.