If you have received an Administrative Driving Prohibition (ADP) in British Columbia, you may be wondering how long the prohibition lasts, why it was issued, whether you can challenge it, and what you need to do before the deadline.

An ADP is a serious driving consequence under B.C.’s Motor Vehicle Act. Depending on the circumstances, an ADP may arise from an alcohol or drug-related driving investigation, including certain breath or blood results, a finding of drug impairment, or a refusal or failure to comply with a demand for a sample.

Because the rules and review procedures are technical, and because the deadline to request a review is short, anyone who receives an ADP should act promptly.

Below are the most important questions about ADPs in British Columbia.

ADP Review at a Glance

If you have just received an ADP, these are the key points to know:

Question	General Rule
How long do I have to request a review?	7 days after being served with the Notice of Driving Prohibition.
Where do I apply?	You can apply online through the process established by RoadSafetyBC; or applications can also be submitted through an ICBC Driver Licensing Office in person.
Written review fee	$100
Oral hearing fee	$200, where an oral hearing is available and requested.
Does requesting a review automatically stop the prohibition?	No. Filing an application does not itself stay the prohibition.
Can I submit evidence?	Yes. The legislation permits an applicant to attach sworn statements or other evidence for consideration.
Can I request an oral hearing?	Yes, for eligible 30- and 90-day prohibitions, provided the requirements and fee are met.

Table created based on information from: https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/prohibitions/apply-online

What is an Administrative Driving Prohibition?

An Administrative Driving Prohibition (ADP) is a driving prohibition imposed under B.C.’s Motor Vehicle Act. An ADP can arise in circumstances involving alcohol, drugs, or a failure or refusal to comply with a demand for a sample.

The exact legal basis for the prohibition matters. For example, the legislation provides for ADPs in circumstances involving:

• a blood-alcohol concentration meeting the statutory threshold;
• certain prohibited drug concentrations;
• specified combinations of alcohol and drugs;
• a determination of drug or combined drug-and-alcohol impairment by a qualified Drug Recognition Expert; or
• refusing or failing to comply with a demand for a sample, unless there is a reasonable excuse.

The rules are not identical for every type of ADP. The timing of the prohibition, the evidence considered and the available review grounds can depend on how the prohibition was issued.

For that reason, it is important to look at the Notice of Driving Prohibition and the police evidence, rather than assuming every ADP operates in exactly the same way.

???? Call Mickelson, Whysall & Moore Law Group today at 604-688-8588 to schedule a confidential consultation. We’re here to help you with ADP and other driving offences.

When can a police officer issue an ADP?

An ADP may be issued when the statutory requirements under the Motor Vehicle Act are met following an investigation into impaired driving.

For alcohol-related ADPs, the legislation addresses circumstances involving a blood-alcohol concentration of at least 80 mg of alcohol per 100 mL of blood. Drug-related provisions can apply where specified drug concentrations or combinations meet the applicable statutory requirements. An ADP can also arise following a Drug Recognition Expert evaluation in circumstances specified by the Act.

The legislation also deals with situations where a person refuses or fails to comply with a demand for a sample without a reasonable excuse.

One important point is that an ADP is not simply another name for an Immediate Roadside Prohibition (IRP). They are separate statutory regimes with different provisions and review processes.

If you have received a prohibition, the first step is therefore to identify which type of prohibition you received and the specific section of the Motor Vehicle Act relied upon.

Is an ADP the same as an Immediate Roadside Prohibition (IRP)?

No. An ADP and an IRP are different types of driving prohibition.

An IRP is generally associated with an approved screening device (ASD) result, such as a WARN or FAIL reading, or with a refusal or failure to provide a required sample. The length of an IRP can vary depending on the circumstances and the driver’s record.

An ADP is governed by different provisions of the Motor Vehicle Act and can involve alcohol or drug evidence beyond an ordinary roadside WARN result.

This distinction matters because the review grounds and evidence can differ.

For example, RoadSafetyBC’s published IRP review guidance identifies specific issues that can be considered on an IRP review, including whether the driver was properly identified, whether required testing procedures were followed, whether the ASD result was reliable, and whether the statutory alcohol threshold was met.

An ADP review is governed by the separate statutory provisions dealing with ADPs. The police materials forwarded for an ADP review can include the Notice of Driving Prohibition, certificate of service, the officer’s sworn or affirmed report, and relevant certificates of analysis.

Read our blog posts’ category page to learn more about Immediate Roadside Prohibition details

Because the two regimes are legally distinct, it is important not to rely on advice about an IRP when dealing with an ADP.

Can I challenge or review an Administrative Driving Prohibition?

Yes. A person served with an ADP can generally apply for a review, but the deadline is critical.

Under section 94.4 of the Motor Vehicle Act, an application for review of an ADP must generally be made within seven days after the person is served with the Notice of Driving Prohibition. The application must be made in the required form and the applicable fees must be paid. The legislation also allows an applicant to provide statements or other evidence for consideration.

Do not assume that applying for a review automatically cancels or pauses the prohibition. The Motor Vehicle Act specifically provides that filing an ADP review application does not itself stay the driving prohibition.

The review process can involve written submissions and, where requested and the applicable fee is paid, an oral hearing. The evidence available to the adjudicator can include materials supplied by the police and evidence submitted by the applicant.

What should I do if I want a review?

If you have just received an ADP:

1. Check the date and time you were served.
2. Keep the Notice of Driving Prohibition and all documents you received.
3. Do not wait until the seventh day to investigate your options.
4. Obtain the disclosure/evidence available for the review.
5. Identify the statutory grounds that may apply to your circumstances.
6. Consider obtaining advice from a lawyer experienced in impaired-driving and ADP matters.

The seven-day deadline is particularly important because it is legislated, not simply an administrative suggestion. RoadSafetyBC’s published policies confirm that an ADP review application is subject to a seven-day timeframe.

What happens during an ADP review?

An ADP review is not simply a second opportunity to tell the police that you disagree with the prohibition. The review is conducted under the statutory framework governing ADPs, and the evidence and legal grounds matter.

RoadSafetyBC receives documents from the police relating to the prohibition. For ADPs, the required documentation can include the Notice of Driving Prohibition, certificate of service, the officer’s sworn or affirmed report, applicable certificates of analysis and other prescribed information.

The applicant can then provide information and evidence relevant to the review.

Depending on the circumstances, issues that may need to be examined include:

• what happened during the traffic stop and investigation;
• whether the statutory requirements for issuing the ADP were met;
• what testing or analysis was performed;
• whether the relevant evidence is reliable;
• whether the police followed the applicable legal requirements;
• whether there was a legally relevant problem with the demand or response; and
• whether the particular statutory ground for revocation has been established.

The precise issues available for consideration depend on the type of ADP and the statutory provision under which it was issued. This is why a review should be approached on the basis of the actual Notice and disclosure rather than a generic checklist.

If the review results in the prohibition being revoked, the consequences can include reinstatement of the driver’s licence and reimbursement of certain prescribed fees, depending on the circumstances. RoadSafetyBC’s current review policies specifically address the consequences of an ADP being revoked.

Speak to our Vancouver driving prohibtion lawyers

If you have been served an administrative driving prohibition, please contact our Vancouver driving prohibtion lawyers straightaway. We specialize in ADP reviews and get help you get your licence back.

For assistance with related criminal charges or ticket disputes, explore our full suite of services on our Vancouver Driving Offences Page.  

Call A Vancouver Lawyer Now – 604.688.8588 (24hrs)

We commit to writing accurate and trustworthy articles showcasing first-hand experience. Our lawyers, highly experienced in driving offences, are fact-checking and approving every piece of content the team creates. If you have a question about any information you read, please give us a call on 604-688-8588

If you already know you got an ADP and want to understand how the appeal process works and what grounds might apply to your case read our step-by-step guide on How to Appeal an Administrative Driving Prohibition

For readers who want to verify the information directly, the primary sources for this article are:

• B.C. Motor Vehicle Act — sections 94.1–94.6
• B.C. Motor Vehicle Act Regulations — Division 43
• RoadSafetyBC — Alcohol and drug-related driving prohibitions
• RoadSafetyBC — Apply for a driving prohibition review
• RoadSafetyBC — IRP/ADP Review Policies