Everything You Need to Know About 90-Day Immediate Roadside Prohibitions

by | Dec 20, 2019 | Driving Offences, Immediate Roadside Prohibition

If you have received a 90-day Immediate Roadside Prohibition in British Columbia, you may have some questions you would like answered. Learn about-90 day driving prohibition consequences in BC and read on to find out everything you need to know about 90-day driving suspensions.

What does a 90-day suspension mean?

Driving under the influence of alcohol or drugs can result in a 90-Day Immediate Roadside Prohibition.

This is a severe penalty that can affect your driving rights and have lasting repercussions on your record.

An officer can issue this driving prohibition penalty if they have reasonable grounds to believe that you are impaired.

 A 90-day driving suspension is given to drivers who register a ‘fail’ reading on an approved screening device (ASD).This means their blood alcohol content is above 0.08 per 100 milliliters of blood.

A 90-day suspension is also given to drivers who refuse to blow into an ASD.

This penalty entails the immediate suspension of your license, which remains in effect for a period of 90 days from the date of issuance.

When does my 90-day driving prohibition start?

A 90-day suspension is a type of Immediate Roadside Prohibition (IRP).

As the name suggests, the driving prohibition starts immediately. Your car will be towed and impounded. You cannot drive home. You must ask someone to collect you or make other arrangements.

Can I drive after my 90-day suspension?

Understandably, you will want to know when you can drive again. The answer to this question depends on whether or not you challenge the IRP.

If you do nothing, or your review is unsuccessful, you must serve the length of your ban. Because the law stipulates ‘full’ days, it means the entire length of your driving ban is actually likely to last 91 days, starting from the date the police stopped you.

Once you have served the length of your driving ban, you can ask ICBC to reinstate your licence. This costs $250. You are then allowed to drive again. You can also recover your vehicle from the impound lot. You will be responsible for the towing and impound fees.

You must also complete any other demands required of you, such as the Responsible Driver’s Program.

When my 90-day suspension is up, can I get my license back?

Yes, you can get your licence back after your 90-day suspension.

To do this, you must go to an ICBC licensing office. There is a $250 reinstatement fee.

Your new licence will only be valid for two years, rather than the usual five years.

What are the consequences of a 90-day IRP?

    The consequences and stigma of the Immediate Roadside Prohibition include:

    • A driving ban –  you will be prohibited from driving for 90 days;
    • You will pay a $500.00 monetary penalty;
    • Your vehicle will be impounded for 30 days and you will be responsible for the impound and storage fees – approximately $900.00;
    • You will incur $281.00 in re-licensing fees;
    • The 90-day driving prohibition, tarnished driving record, will remain on your driving abstract for 5 years and on your driving record forever;
    • You may be required to register for the Responsible Driver Program (not applicable in all cases) – $880.00 plus $105.60 in taxes; and
    • You may be required to install the ignition interlock device in your vehicle ((not applicable in all cases)– $1,370.00 plus $207.60 in taxes.

    All of this can amount to many thousands of dollars.

    It can significantly disrupt your life, harming your ability to work, and maybe even damaging your future career prospects.

    That is why many drivers choose to dispute an IRP.

    How to dispute a 90- day IRP?

    To dispute your IRP, you need to fill in an ‘Immediate Roadside Prohibition – Application for Review’ form and submit it. You can get this form from an ICBC driver licensing centre. You can either complete the application yourself, or you can ask a lawyer to do it for you

    You have seven calendar days to ask RoadSafetyBC to review the decision. This includes weekends. You should know the outcome within 21 days of the date you were served the IRP.

    In your application, you need to say why you dispute the IRP. Fill out a form and provide good reasons why it should be lifted or reduced – for example, if the test results were inaccurate or unreliable.

    This means presenting compelling evidence in support of your case. Otherwise, the adjudicator will uphold the charge. A hearing will be held to decide whether or not to lift the ban and you will need to provide evidence to support your case.

    It is best to get help from a lawyer to prepare a persuasive defense and increase your chances of success.

    We have a separate article to tell you more about How to Dispute a 90-day IRP

    Should I use a lawyer?

    If you want to dispute your 90-day IRP, an impaired driving lawyer is highly recommended.

    There are various defences you can rely on to successfully overturn an IRP. However, many of them are technical and require an in-depth knowledge of drunk driving laws.

    Best Vancouver IRP lawyers are in Mickelson & Whysall team! 

    If you have been given a 90-day driving suspension, please contact us at Mickelson & Whysall. We can help you dispute the IRP.

    We know how to succeed, even when it appears to be an open and shut case.

    Read what our clients say about IRP charges

    Over the year unfortunately I have had a number or IRP’s and I went to see Michelson & Whysall Law corporation for legal help and direction. I was referred to Cathryn Waker. She was a great support and helped me to get my charges revoked as I was innocent. Thank you Cathryn for your support and I highly recommend this law firm.

     

    Need help with appealing a license suspension and charges revoked in Surrey, Richmond, Burnaby, and Coquitlam? – call us now – 604.688.8588; we are available 24hrs