Impaired driving continues to be a significant problem in British Columbia, hence the province’s commitment to taking the issue seriously. The province has the highest rate of DUI charges and suspensions in Canada per 100,000 people, and Immediate Roadside Prohibitions (IRPs) are a crucial tool BC uses to curb impaired driving. 

Unfortunately, IRPs involve complicated procedures many drivers simply do not understand. As a result, they aren’t sure how to protect their right to drive. 

Below, we review the different types of IRPs, their associated penalties, and how they can be challenged to help drivers retain their driving rights.

Types of IRPs: More Than Just a 90-Day Ban

When most people think of IRPs, they envision the standard 90-day prohibition issued for failing a breathalyzer test. However, IRPs in BC can vary significantly depending on the circumstances.

For instance, if a driver’s blood alcohol concentration (BAC) is between 0.05 and 0.08, they may receive a “Warn” IRP, which can result in a 3-day to 30-day suspension. Or, a “Fail” IRP, issued for a BAC over 0.08, typically results in a 90-day prohibition. 

Repeat offenders face even harsher penalties, including mandatory participation in the Ignition Interlock Program.

Beyond the Immediate Penalties: The Long-Term Impact of IRPs

While the immediate penalties of an IRP—such as license suspension and vehicle impoundment—are daunting, the long-term consequences can be even more severe.

An IRP can significantly impact a driver’s employment, particularly for those whose jobs require driving. They can cause a sharp increase in auto insurance premiums, as insurers may categorize the driver as high-risk. 

Challenging an IRP: Strategies for a Successful Appeal

Receiving an IRP doesn’t mean you’re without options.

There are several grounds on which you can challenge an IRP.

Common defence strategies include:

• Questioning the calibration of the breathalyzer device
• The police officer’s adherence to proper procedures
• The presence of medical conditions that could have skewed the test results. 

Understanding the Review Process: What to Expect

If you challenge your IRP, you must request a review with the Superintendent of Motor Vehicles within seven days of receiving the prohibition.

The review process involves presenting evidence and arguments to contest the IRP. 

The hearing typically takes place within 21 days, and the outcome can range from cancellation of the IRP to upholding the full penalties. 

Rebuilding Your Driving Record After an IRP

Once the IRP has been addressed, either through serving the prohibition or successfully challenging it, the next step is to rebuild your driving record. 

This might include: 

• Participating in driving programs
• Maintaining a clean driving record
• Working with your insurance provider to gradually reduce your premiums

Taking Control of Your IRP Situation with Steele Law

Expert legal guidance with experience in BC IRPs is vital to navigate the often complex process effectively.

At Steele Law, we understand the stress and uncertainty of an IRP and are dedicated to providing our clients with personalized support and effective representation.  

Call Jerry Steele today.