After being handed an Immediate Roadside Prohibition (IRP), you need to surrender your driving licence and arrange transport for the remainder of your journey. Then, you need to investigate whether there are any grounds for review. If so, this could result in your driving prohibition being revoked or varied.
BC drinking and driving laws
In British Columbia, the police may stop a driver and ask him to blow into an approved screening device (ASD). If the reading shows a ‘warn’ or a ‘fail’, it means the driver’s blood alcohol content is above the legal limit.
Typically, a driver who is over the prescribed limit is given an Immediate Roadside Prohibition. The length of this prohibition ranges from three days to 90 days. The length of the ban depends on the reading (whether it says ‘fail’ or ‘warn’) and the driver’s record.
What happens next?
When you are given an IRP, you must surrender your driving licence to the police officer. You cannot drive until you have either served the length of the ban, or the IRP is revoked. In most cases, the vehicle you are driving will also be towed and impounded straightaway.
You cannot drive away from the scene. Instead, you must ask someone to collect you or arrange transport for your onward journey. Unless your IRP is later revoked, you will also have to pay the towing and impoundment fees.
Grounds for review
Once you are safely at your destination, you should waste no time in contacting an IRP lawyer. A lawyer can say whether or not you are able to challenge your IRP. There are various grounds under which you may seek a review, including –
- The proper procedures were not followed
- You were not advised of your rights
- You were not the driver or in care/control of the vehicle
- The ASD was unreliable
- You had a reasonable excuse for not blowing into the ASD
You only have seven days to request a review. Therefore, early legal advice is essential. If the review process is successful, it may result in your Immediate Roadside Prohibition being varied. For example, the length of your ban may be reduced. Or, the IRP may be revoked altogether.
What if I don’t ask for a review?
If you do not request a review, or your review is not successful, you must serve the length of your driving ban. Afterwards, you can ask the Insurance Corporation of British Columbia(ICBC) to reinstate your licence. This carries a $250 fee. You must also pay for the towing and impoundment fees.
Some drivers must also complete (and pay for) the Responsible Driver Program and get an ignition interlock installed in their vehicle. The IRP will remain on your driving record forever.
Impaired driving lawyer
If you have been given an Immediate Roadside Prohibition, please contact our lawyers now. We can advise whether you have grounds for review. If so, we can prepare the application on your behalf, acting as your legal representative throughout the process.