If you have received a 90-day Immediate Roadside Prohibition, you may have some questions you would like answered. Read on to find out everything you need to know about 90-day driving suspensions.
What does a 90-day suspension mean?
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 millilitres of blood. A 90-day suspension is also given to drivers who refuse to blow into an ASD.
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?
You are allowed to drive after your 90-day suspension has been served, but you must get your licence reinstated first. 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 of a 90-day IRP include –
- A driving ban for 90 days
- Towing and impound fees for your vehicle for at least 30 days
- A $250 licence reinstatement fee
- A tarnished driving record – the IRP remains on your driving abstract for five years and on your driving record forever
- Completion of the Responsible Driver’s Program (not applicable in all cases, but if you are required to do this, you must pay for it)
- The fitting of an ignition interlock device in your vehicle (not applicable in all cases, but if you are required to do this, you must pay for it)
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 an IRP?
You have seven calendar days to ask RoadSafetyBC to review the decision. In your application, you need to say why you dispute the IRP. This means presenting compelling evidence in support of your case. Otherwise, the adjudicator will uphold the charge.
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 drink driving laws.
Vancouver impaired driving lawyer
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.