Women in a driving vehicle during the daytime. How to Get Your Licence Back After a DUI in BC blog post on https://www.criminallawyervancouver.com/ website

How to Get Your Licence Back After a DUI in BC

by | Nov 27, 2024 | Driving Offences

Women in a driving vehicle during the daytime. How to Get Your Licence Back After a DUI in BC blog post on https://www.criminallawyervancouver.com/ website

How to Get Your Licence Back After a DUI in BC

by | Nov 27, 2024 | Driving Offences

Women in a driving vehicle during the daytime. How to Get Your Licence Back After a DUI in BC blog post on https://www.criminallawyervancouver.com/ website

How to Get Your Licence Back After a DUI in BC

by | Nov 27, 2024 | Driving Offences

If you’ve been issued with a 90 day Immediate Roadside Prohibition [“IRP”] or Administrative Driving Prohibition [“ADP”] often referred to as driving under the influence [a “DUI”] in British Columbia, reinstating your driver’s license involves completing specific steps.

While the process can feel overwhelming, knowing what to expect can make it much easier. Here’s a step-by-step guide to help you get back on the road.

Step 1: Complete Your Driving Prohibition Period

If the police determine you are driving while under the influence of alcohol or drugs, your licence will be immediately seized, and you will be prohibited from driving. 

Driving prohibitions in BC can vary significantly depending on the results of the approved screening device, 24 hours, 3 days, 7 days, or 90 days. The length depends on factors such as:

  • The result of the approved screening device;
  • If the approved screening device registered a ‘warn’ or ‘fail’ reading;
  • Your driving record over the past five years; and
  • Whether the attending police officer decides to issue an Immediate Roadside Prohibition [“IRP”] or proceed under the Criminal Code of Canada

If you refuse to provide a breath sample, or provide a breath sample that indicates a blood alcohol content over 80 mg%, which is a “Fail” reading, you will be prohibited from driving for 90 days.

If you provide a “Warn” reading on an approved screening device, you will be prohibited from driving for 3 days on a first offence, and 7 days on a second offence. A “Warn” reading indicates a blood alcohol content between 60 mg% and 79 mg%. breath sample.

If you have a class 7 driver’s license, or are a novice driver, you cannot have any alcohol in your system while operating a motor vehicle and will be issued a 12 or 24 hours driving prohibition. 

Class 5 drivers license, who provide a breath sample between 50mg% and 59 mg% will be issued a 24 hour driving prohibition. 

Understanding the duration of your prohibition is essential for planning the next steps.

Step 2: Pay Outstanding Fines and Fees

Before you can reinstate your license, you must clear all fines and debts related to your DUI charge.

  • For a 90 day “Fail” or “Refusal” IRP or ADP there is $500 fine;
  • Pay any outstanding fines or debts to the Court;
  • These fines may include penalties from the court or ICBC.

Be sure to check with ICBC or your lawyer to confirm the exact amounts owed.

Step 3: Complete Mandatory Programs

Depending on the specifics of your DUI case, you may need to complete certain programs before reinstating your license.

  • The Responsible Driver Program is mandatory after receiving one 90 day IRP or ADP. The Responsible Driver Program as of June 15, 2024, is offered through the Centre for Addiction and Mental Health [“CAMH”] and costs $1200.
    • If you receive one 90 day IRP/ADP you must register for the Responsible Driver Program before you are able to re-instate your license. 
    • You will receive a letter in the mail before the 90 day driving prohibition is over, if you do not receive this letter you should contact RoadSafetyBC;
  • The Ignition Interlock Program is offered through Smart Start Canada as of June 1, 2024, and is mandatory for a period one year if you have received two 90 day IRP/ADPs in a five year period. The ignition interlock device must be installed in your vehicle before you are able to have your license re-issued.

These programs aim to educate drivers and reduce the risk of future impaired driving incidents. RoadSafetyBC is supposed to mail you a letter and notify you of your requirements. If you have not received any correspondence in the mail you should contact RoadSaftyBC directly.

Step 4: Arrange Your Insurance with ICBC

Once you’ve completed the required programs, you’ll need to ensure your vehicle is properly insured.

  • Arrange your insurance with ICBC, paying any additional premiums that are due, such as the driver risk premium.

Step 5: Visit a Driver Licensing Office

To finalize the process, visit your nearest ICBC driver licensing office with the following:

  • Two pieces of ID (one must be a photo ID).
  • Documentation proving completion of required programs or tests.

ICBC staff will verify your eligibility for reinstatement at this stage.

Step 6: Pay Reinstatement and Licensing Fees

The final step in the reinstatement process is paying the applicable fees.

  • Pay the $250 reinstatement fee and $31 short-term driver’s licence fee.

Once these payments are made and your documentation is processed, your driver’s license will be reinstated, and you’ll be legally allowed to drive again.

Additional Tips 

  • Start Early: Begin the reinstatement process before as your driving prohibition ends to avoid delays.
  • Seek Legal Guidance: If you’re unsure about any step, consult with a DUI lawyer to ensure everything is completed correctly.
  • Application for review of driving prohibition BC: There is a strict 7 day time limit to dispute your IRP or ADP and this can result in your driving prohibition being revoked. You can submit the application by yourself, or you can ask us to do it for you. Having an experienced Vancouver DUI lawyer on your side increases your prospects of success. Contact us at Mickelson, Whysall & Moore Law Group to find out more.

Can I Drive After My 90-Day ADP Suspension?

  • Those issued with a 90 day administrative driving prohibition may wonder if they can drive again after the 90 days is up. The answer is yes, you can. However, you must complete the steps listed above to get your licence reinstated. If your case later goes to court, you may be handed a further licence suspension. If so, you must surrender your licence once again.

Be sure to address any additional penalties or prohibitions promptly to avoid further complications.

Why You Need Legal Support

Navigating the DUI reinstatement process can be complex. A qualified DUI lawyer can help you:

  • Understand your rights and obligations.
  • Expedite the process of license reinstatement.
  • Challenge penalties or prohibitions where applicable.

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