British Columbia has strict impaired driving laws with severe consequences for drivers found to be over the legal limit, refusing to provide a breath sample, or otherwise violating impaired driving laws. Drivers face Immediate Roadside Prohibitions (IRPs), 90-day Administrative Driving Prohibitions (ADPs), or even criminal charges, depending on the circumstances. Here’s what you need to know about these penalties, their differences, and the potential consequences of a criminal conviction.
Immediate Roadside Prohibition (IRP)
An IRP is issued when a driver provides a breath sample that registers as a “warn” (BAC of 0.05-0.079) or a “fail” (BAC of 0.08 or higher), or refuses to provide a sample at a roadside test.
Consequences of an IRP:
– 3-Day Prohibition: First-time “warn” reading
– 7-Day Prohibition: Second “warn” reading within five years
– 30-Day Prohibition: Third “warn” reading within five years
– 90-Day Prohibition: “Fail” reading or refusal to provide a sample
Other penalties for a 90-day IRP include:
– Vehicle impoundment for 30 days
– A $500 fine
– A $250 license reinstatement fee
– Enrollment in the Responsible Driver Program (approximately $1,300)
– Potential Installation of an ignition interlock device (costs over $1,700)
– Potential Increased insurance premiums or the ICBC Driver Risk Premium
Drivers have seven days to dispute an IRP through the Superintendent of Motor Vehicles. However, the review process is administrative, and overturning an IRP requires compelling evidence.
90-Day Administrative Driving Prohibition (ADP)
A 90-day ADP is typically issued when a driver is also charged under the Criminal Code for impaired driving, providing a BAC over 0.08, or refusing a breath test. Unlike an IRP, an ADP is linked to criminal investigations. However, you do not need to be charged criminally to get an ADP.
Consequences of an ADP:
– 90-day driving prohibition
– License reinstatement fees
– Enrollment in the Responsible Driver Program
– Possible ignition interlock requirement
The key difference between an IRP and an ADP is that an ADP often accompanies criminal charges and is issued when police believe they have grounds to proceed with a criminal prosecution, so they take the driver back to the police station for further breath samples. ADPs can also be issued for failing Drug Recognition Evaluation tests, or for having drugs or alcohol in a blood or urine sample.
Criminal Conviction for Impaired Driving or Refusal
If the case proceeds to court and results in a criminal conviction, the consequences are much more severe.
Penalties for a First Criminal Conviction:
– A criminal record
– A one-year driving prohibition
– A $1,000 fine (minimum)
– Possible jail time (up to 18 months for a summary conviction or 10 years for an indictable offence)
– Increased insurance premiums
Subsequent offences lead to harsher penalties, including longer driving prohibitions and mandatory jail sentences.
Process and Consequences of a Criminal Conviction
1. Roadside Investigation: Police gather evidence of impairment, which may include breath, blood, or urine tests, drug recognition tests, field sobriety tests, or observations of the driver.
2. Charges: If police believe there is sufficient evidence, the driver is charged under the Criminal Code and issued a 90-day ADP.
3. Court Process: The driver appears in court to face charges. If convicted, the penalties outlined above apply.
4. Long-Term Impact: A criminal record can affect employment opportunities, international travel, and overall quality of life. Insurance premiums increase significantly, and further driving offences may lead to lifetime prohibitions.
Key Differences Between IRP, ADP, and Criminal Convictions
– IRP: Administrative penalty; no criminal record but immediate and costly consequences.
– ADP: Typically inked to criminal charges; similar immediate penalties to an IRP and usually based on evidentiary tests not roadside tests.
– Criminal Conviction: Severe penalties, including a criminal record, fines, driving prohibitions, and lasting personal and professional impacts.
Impaired driving laws in BC carry heavy consequences at every level, whether you receive an IRP, an ADP, or face a criminal charge. Each carries unique challenges and penalties that can affect your life for years to come. If you are facing any of these penalties, seeking legal advice immediately can help you navigate the process and potentially mitigate the consequences.
For expert legal assistance with IRPs, ADPs, or criminal charges related to impaired driving, contact us today.
