Police in British Columbia have several tools to take a driver off the road at the roadside. Each one has its own rules. Knowing which one you received tells you what happens next and what you can do about it.
The 12-hour suspension
This applies to drivers in the Graduated Licensing Program. If you hold an L or N licence, you have zero tolerance. Any detectable alcohol can lead to a 12-hour suspension. Detectable THC or cocaine can too.
The 24-hour prohibition
Under section 215 of the Motor Vehicle Act, police can issue a 24-hour prohibition if they believe your ability to drive is affected by alcohol or drugs. That belief can be based on a breath test. It can also be based on a physical sobriety test or a drug recognition assessment. You can ask for a review within 7 days, but not online. A 24-hour prohibition is not a criminal offence. Three or more of them can lead to a referral to the Responsible Driver Program or the ignition interlock.
The Immediate Roadside Prohibition
The IRP is the most common serious roadside prohibition. It follows a breath test on an approved screening device, or a refusal to provide a sample. A WARN result (50 to 79 mg%) brings a prohibition of 3 to 30 days, depending on how many WARNs you have had in five years. A FAIL result (80 mg% or more) or a refusal brings 90 days. Monetary penalties apply. Vehicle impoundment is possible for shorter IRPs and mandatory for 30-day and 90-day IRPs.
The Administrative Driving Prohibition
An ADP is not strictly a roadside measure, but drivers often confuse it with an IRP. It is a 90-day prohibition under section 94.1 of the Motor Vehicle Act. It usually follows a breath or blood test at the police station showing 80 mg% or more. It can also follow a refusal of a demand. In drug cases, it can follow a prescribed drug concentration or a drug recognition evaluation. An ADP often comes with a criminal charge.
What they have in common
None of these is a criminal conviction on its own. Every one of them goes on your driving record. The IRP and ADP can bring an ICBC Driver Risk Premium charged for three years. The IRP and ADP both carry a strict 7-day deadline to apply for a review with RoadSafetyBC. That deadline cannot be extended.
The prohibition remains in force during a review. You cannot drive while you wait for a decision.
Not sure which type of prohibition you were given? Call Acumen Law at 604-685-8889 any time of day, and our lawyers will review your paperwork in a free consultation.