Immediate Roadside Prohibitions (IRPs) are a significant legal and administrative consequence for drivers in British Columbia. If you’ve recently received an IRP or are looking to understand more about this process, this guide will address the most commonly asked questions and help you navigate the road ahead.
What is an Immediate Roadside Prohibition (IRP)?
An Immediate Roadside Prohibition (IRP) is an administrative driving prohibition issued by police in British Columbia. It applies to drivers who:
– Register a ‘warn’ on an Approved Screening Device (ASD) with a blood alcohol concentration (BAC) between 0.05% and 0.079%.
– Register a ‘fail’ on an ASD with a BAC of 0.08% or higher.
– Refuse to provide a breath sample.
The prohibition takes effect immediately and can range from three to ninety days, depending on the severity of the offence and prior violations. These prohibitions are part of BC’s efforts to promote road safety and reduce impaired driving incidents.
What Are the Consequences of Receiving an IRP?
For a Warn reading, the consequences of an IRP depend on the circumstances and how many prior IRPs you have had.
First time: A 3-day driving prohibition, vehicle impoundment, a $200 fine, and a $250 license reinstatement fee.
Second time: A 7-day prohibition with increased fines and fees.
Third time: A 30-day prohibition, mandatory participation in the Responsible Driver Program, and potential installation of an Ignition Interlock Device.
For a Fail Reading or Refusal to Provide a Sample you will face a 90-day driving prohibition and a 30-day vehicle impoundment. There is also a $500 fine and a $250 reinstatement fee. You will be referred for mandatory completion of the Responsible Driver Program, and depending on your other history, also face potential installation of an Ignition Interlock Device.
These penalties can impact your personal and professional life, as well as lead to increased insurance premiums.
How Can I Dispute an IRP?
If you believe your IRP was issued unfairly, you can dispute it by filing a review with RoadSafetyBC.
You only have seven days from the issuance of the IRP to file for a review, so you must act quickly. Reviews can be oral or written. Each has associated fees, so consider which option best suits your case. We find we have better success with oral hearings. As of January 1, 2025 written submissions are limited to 30 pages. For oral hearings you are limited to 30 minutes for submissions but you can supplement with written submissions up to 30 pages in addition.
Seek Legal Assistance: Navigating the IRP review process can be complex. Consulting with an experienced lawyer can improve your chances of a successful outcome.
Remember, preparation and timing are critical in disputing an IRP.
Will an IRP Result in a Criminal Record?
No, an IRP does not result in a criminal record. It is an administrative penalty rather than a criminal charge. However, it does appear on your driving record, which can have long-term consequences such as increased insurance premiums and mandatory participation in driving-related programs.
While an IRP isn’t criminal, the repercussions can still be severe.
What Should I Do Immediately After Receiving an IRP?
If you’ve been issued an IRP, taking the right steps immediately can make a big difference:
1. Stop Driving: Do not drive during the prohibition period to avoid further legal penalties. A driving while prohibited conviction has serious consequences including one-year minimum driving bans and automatic jail for second or subsequence offences.
2. Consult a Lawyer: Seek legal advice to explore your options for disputing the IRP. A lawyer can help you understand your rights and build a strong case.
3. Meet Deadlines: File for a review within seven days and be aware of any other deadlines, such as those for completing mandatory programs. There are no extensions under any circumstances whatsoever, so be sure to never miss any deadlines.
4. Prepare for the Financial Impact: Be ready to pay fines, fees, and potential program costs associated with the prohibition.
Immediate Roadside Prohibitions are serious penalties designed to combat impaired driving in British Columbia. While they do not carry criminal consequences, their impact can be significant, affecting your driving privileges, financial stability, and overall life.
If you’ve been issued an IRP, it’s important to act swiftly and seek professional advice. With the right legal assistance and a clear understanding of the process, you can navigate this challenge effectively.
For more information on IRPs and legal support, contact an experienced lawyer who specializes in BC driving laws. Knowledge is power, and being informed can help you take the right steps to protect your rights and future.