A question that I get asked over and over again is whether someone will have to install an interlock device in their vehicle after getting a 90 Day Immediate Roadside Prohibition.
The short answer is: Possibly. The solution is: Hire an experienced lawyer.
The Responsible Drivers Program and the Ignition Interlock are possible “Remedial Programs” that you can be referred to by RoadSafetyBC after serving a driving prohibition.
If you are issued and serve a 90 Day Immediate Roadside Prohibition (“IRP”), you will be referred to the Responsible Driver Program. The Responsible Driver Program is either an 8 or 16 hour course designed to educate you on the perils of drinking and driving and the effects of alcohol on the body. The program costs $880.00 plus taxes.
In my experience, the Superintendent of Motor Vehicles refers every single person to the RDP, even if the IRP is the only alcohol related driving infraction on their 5 year driving history. You may also be referred to the Ignition Interlock Program. However, I am seeing a disturbing trend of more and more “first time” offenders being referred to the Ignition Interlock Program.
If you are referred to the Ignition Interlock Program you will be required to install an interlock device in every vehicle that you drive for a one year period. The interlock device, sometimes called a blower, requires you to provide a breath sample and prevents your vehicle from starting if alcohol is detected. The program costs $1,370.00 plus taxes and maintenance fees. If you have one 90 Day IRP and any other alcohol infractions on your 5 year history you will be referred to the Ignition Interlock Program.
The fact is, not every person requires the Responsible Driver Program and/or Ignition Interlock to ensure public safety or to prevent future drinking and driving incidents from occurring. People are known to make mistakes, learn from them, and change for the better. Since the mistake of drinking and driving does occur, there is a reconsideration process available to individuals who are referred to the Remedial Programs.
Things to Know About the Reconsideration Process
- You will be notified by RoadSafetyBC of your requirement to participate in either of the Remedial Programs by way of letter.
- You will only have 30 days from the date of the letter to submit your application for Reconsideration. Do not miss this deadline.
- This is not your opportunity to argue why the IRP should not have been issued.
- This is your opportunity to explain any extenuating circumstances that resulted in the IRP being issued.
- This is your opportunity to explain the hardship the Remedial Programs will cause you and your family, as well as any negative impact the Remedial Programs will have on your employment.
- This is your chance to explain why you do not require the Remedial Programs to ensure public safety.
- Remember: you have to back up everything you say in your letter. Bare assertions don’t get you anywhere.
If you hire Mickelson & Whysall, we can help you put forward the best possible application to persuade RoadSafetyBC why the Remedial Programs are unnecessary in your personal circumstances. Call Mickelson & Whysall as soon as you are aware of your referral to the Remedial Programs.