We’ve answered five of the most frequently asked questions about administrative driving prohibitions (ADP) below. If you need further legal advice, or you want to appeal an ADP, please contact us at Mickelson and Whysall Law Corporation.
1. What is an administrative driving prohibition?
An administrative driving prohibition (ADP) is a 90-day driving ban that can be handed to drivers under the Motor Vehicle Act.
In the past, ADPs took effect 21 days after the notice was served. However, this is no longer the case. Nowadays, the driving ban comes into force straight away, unless you are:
- The holder of a valid foreign driver’s licence
- Charged with drug driving
- Deemed to be impaired by drugs by a Drug Recognition Expert
If any of the above apply, you may be handed a temporary seven-day licence. After this, the driving prohibition will come into force.
2. When would I be served an administrative driving prohibition?
You will be served an administrative driving prohibition (ADP) if your blood alcohol content is above 0.08%, your blood drug concentration is above the legal limit, or you refuse to provide a sample without a reasonable excuse.
3. When will I get an administrative driving prohibition?
A police officer will give you an administrative driving prohibition if, within two hours of operating a motor vehicle, you:
- Have a blood alcohol content equal to, or above, 80mg of alcohol in 100ml of blood (often known as driving over .08)
- Have a blood drug concentration equal to, or above, the amount permitted for that drug
- Have a combination of alcohol and drugs in your system equal to, or above, the amount permitted
- Are deemed to be impaired by drugs, or a combination of drugs and alcohol, following an evaluation by a Drug Recognition Expert
- Refuse to provide a sample without a reasonable excuse
4. Is an administrative driving prohibition (ADP) the same as an immediate driving prohibition (IRP)?
An administrative driving prohibition is not the same as an immediate driving prohibition (IRP). IRPs can last for three, seven, 30 or 90 days, depending on the offence and your driving record. You will receive an IRP if you register a warn reading on an approved screening device, or you register a fail but you are not over .08. You will receive an ADP if your blood alcohol content is above .08.
If you are found to be driving while impaired by alcohol, you will receive either an ADP or an IRP. You will not be served both for the same offence.
5. How to appeal an administrative driving prohibition
You are allowed to appeal an administrative driving prohibition. However, you only have seven days in which to do so.
If you want to appeal an ADP, we recommend that you speak to an impaired driving lawyer. An impaired driving lawyer can decide on what grounds to challenge the decision, and can manage the review process for you. This typically involves an oral hearing over the phone with a RoadSafetyBC adjudicator. After this hearing, the adjudicator will determine whether to uphold your ADP, or whether to revoke it. If it is revoked, you can get your driver’s licence reinstated immediately.
Read our blog post to learn more: How to Appeal an Administrative Driving Prohibition
Speak to our Vancouver impaired driving lawyers
If you have been served an administrative driving prohibition, please contact our Vancouver impaired driving lawyers straightaway. We specialize in ADP reviews and get help you get your licence back.