An Immediate Roadside Prohibition, or an IRP for short, is a driving prohibition that is the result of failing a roadside breath test. In other words, if you have been given an IRP, then you have been given this driving prohibition because you did not pass a roadside breath test.
The consequences of an IRP can vary depending on the results from the breath test. At the lower end of the consequences scale, you might be served a three day driving prohibition or a seven day driving prohibition. At the higher end of the consequences scale, you can be prohibited from driving for up to 90 days. The length of the driving prohibition is meant to be proportionate to the results from the breath test.
A driving prohibition from an IRP starts right away when you receive the IRP paper from the police officer. From that moment on, you are prohibited from driving in British Columbia. This consequence takes effect immediately, hence the “immediate” in the name of the program.
Along with the driving prohibition, an IRP also carries a fine. Similar to the driving prohibition, the fine amount is proportionate to the result from the breathalyser test. At the lower end of the fine scale, there may be a fine worth $250 and at the higher end the fine is worth $500.
These penalties on their own may seem like a lot but there is more. If you are served an IRP, then your vehicle may also be impounded. This means that your vehicle can be towed and driven to an impound lot and it must stay in the impound lot for a certain number of days. Again, similar to the fine and the length of the driving prohibition, then length of the impound is proportional to the result from the breathalyzer test. The higher the result from the breathalyzer test, the longer your vehicle may be impounded. At the lower end of the range, your vehicle may not be impounded at all or for three days or up to 30 days. Again, the length can be proportionate to the result from the breath test.
A detail to note about these immediate driving prohibitions is that they are not criminal charges. They are “administrative” and the record of an IRP would be on your driving record. The IRP scheme is from the Motor Vehicle Act, not the Criminal Code of Canada.
So, what the heck is an immediate roadside prohibition? In short, an IRP and its consequences vary depending on the result from a breathalyzer test. At minimum, an IRP will have a driving prohibition and fine and the consequences can increase to a longer driving prohibition, a higher fine, and a vehicle impoundment.