PRACTICING AREAS - 90-Day Administrative Driving Prohibition (ADP)

When a BC police officer has evidence that a driver has refused a lawful breath demand or had a blood/alcohol concentration exceeding 80mg% at anytime within 3 hours after driving from alcohol consumed before or while driving, the officer must issue the driver a 90-day ADP.

The document that the officer gives to the driver is called a “Notice of Driving Prohibition.” The Notice of Driving Prohibition has three purposes:

1. It notifies the driver that they are prohibited from driving for 90 days beginning 21 days from the date the officer serves the document.
2. It is a temporary driver’s license effective during the 21-day period.
3. It notifies the driver that they have only 7 days to their file their Application for Review if they wish to challenge the prohibition.

Whenever a driver is served a 90-day Administrative Driving Prohibition, the officer serving the Notice must seize the driver’s license and forward it to ICBC for destruction.

Challenging an ADP
The application fee for an oral review is $100. For a written review the fee is $50. An oral review is preferable as your lawyer then has an opportunity to address any additional issues that may arise during the review. The review hearing takes place during the 21-day period.

Upon successful review of your ADP by our Vancouver Law office, you can continue driving and the filing fee is refunded to you directly from ICBC.

BEFORE FILING YOUR APPLICATION FOR REVIEW CONTACT OUR VANCOUVER OFFICE FOR A FREE CONSULTATION.

We will explain the review process, ensure that the application for review is properly completed and filed, and schedule a hearing date so that you have the greatest likelihood of getting your license returned.