What is an Immediate Roadside Prohibition in BC?

An IRP is a driving prohibition issued at the roadside by a police officer under the Motor Vehicle Act. Introduced in 2010 via Bill 14, the IRP scheme allows officers to use approved blood alcohol screening devices on the spot and issue an immediate prohibition based on the result — without going through the criminal courts.

Is an IRP a criminal charge in BC?

No. An IRP is a provincial administrative penalty, not a Criminal Code offence. Officers retain the option to pursue criminal charges where there are aggravating factors (bodily harm or death, prior impaired-driving convictions, certain Criminal Code offences) but the IRP scheme is the default response in BC for most impaired-driving stops because of Crown Counsel policy.

How long is an IRP driving prohibition in BC?

It depends on the blood alcohol reading. A "warn" (BAC at or over .05) carries a 3-day prohibition for a first offence, 7 days for a second, and 30 days for subsequent offences. A "fail" (BAC at or over .08) or a refusal to provide a breath sample carries a 90-day prohibition — the most severe IRP outcome.

Can I appeal an IRP in BC?

Yes. Drivers have a 7-day window to apply for review with RoadSafetyBC. The review can be on the written record or with an oral hearing, and there are specific grounds — issues with the testing process, the reliability of the approved screening device, errors in service, or whether the prohibition was based on the lower of two ASD results. The 7-day clock is hard; we take these on tight timelines.

What are the grounds to overturn a 90-day IRP in BC?

The main grounds are: the officer did not have reasonable grounds to demand a breath sample, the approved screening device was not functioning properly, the officer failed to offer the driver a second test on a different device, the officer failed to use the lower of two results where two were taken, the test was administered improperly, or the driver had a reasonable excuse for not providing a sample. Each ground requires evidence — the officer's notes, the device maintenance log, the driver's own evidence.

What happens to my insurance if I get an IRP in BC?

An IRP affects your driver risk premium with ICBC and can lead to a sharp increase in insurance costs. The cost of the prohibition itself is often dwarfed by the multi-year ICBC premium impact — driver risk premiums for impaired-related offences can run thousands of dollars per year for several years. Licence reinstatement fees and possibly a remedial driving program also apply.

Can I do a judicial review if RoadSafetyBC upholds my IRP?

Yes. A driver can file a judicial review in BC Supreme Court after the RoadSafetyBC review is decided. The judicial review is not a re-hearing of the evidence — the court is looking at whether the adjudicator made an error in their decision-making process (acting unreasonably, ignoring evidence, applying the wrong legal test). Judicial review is a meaningful step and typically requires counsel.

Understanding Immediate Roadside Prohibition in BC: Not a Criminal Offence, but Serious Consequences

Drinking-and-driving law in BC is more complicated than most people expect. The Immediate Roadside Prohibition (“IRP”), set out in the Motor Vehicle Act, is not a criminal charge — unlike the drinking-and-driving offences under the Criminal Code — but that does not make the consequences lenient. Here is what an IRP involves and how it affects drivers in Vancouver and across the province.

The Basics of IRP

Introduced in 2010 through Bill 14, the IRP scheme changed how drinking and driving offences are handled in British Columbia. Previously, drivers could face penalties 21 days after an offence, following blood alcohol tests at police stations. The IRP scheme altered this process, allowing police officers to use approved blood alcohol content screening devices on the spot. If a driver’s blood alcohol concentration is over the legal limit or if they refuse to provide a breath sample without a reasonable excuse, a 90-day immediate roadside prohibition can be issued under the Motor Vehicle Act.

Not a Criminal Offence

It’s important to stress that an IRP is not considered a criminal charge. While police officers have the option to pursue charges under the Criminal Code, the IRP scheme is often chosen due to policy considerations. According to the Crown Counsel Policy Manual, there are specific aggravating circumstances that would lead to a criminal prosecution, such as bodily harm or death, prior convictions for impaired driving, and other Criminal Code offences. Without these aggravating factors, criminal charges are less likely to be pursued.

Changes in the Law

In 2018, the federal government enacted Bill C-46, which brought significant changes to impaired driving laws across Canada. Among the changes was the expansion of police powers to require drivers to provide roadside breath samples. Previously, officers needed reasonable suspicion to demand a breath test, but under the new law, reasonable suspicion is not necessary if the officer has an approved screening device or believes alcohol has affected the driver’s ability to drive.

Consequences of IRP in BC

The severity of the consequences depends on the driver’s blood alcohol level. A “warn,” where the blood alcohol concentration is at or over .05, results in a 3-day prohibition for the first offence, 7 days for the second, and 30 days for subsequent offences. A “fail” or refusal to provide a breath sample, with a concentration at or over .08, leads to a 90-day driving prohibition, making it the most severe consequence of an IRP in British Columbia.

Appeal Process

Drivers do have the right to appeal an IRP. There are specific grounds for review, such as issues with the test process, reliability of the screening device, or if the prohibition wasn’t based on the lower of two ASD results. The appeal process offers both written and oral review hearings, with costs associated with each option.

Overturning the IRP

If an adjudicator upholds the IRP, drivers may have a chance to overturn it through a judicial review. This review is not an opportunity to rehash the evidence but focuses on whether the adjudicator made a mistake in their decision-making process.

While an IRP is not a criminal offence, it’s important to recognise the significant consequences it carries for drivers in British Columbia. Understanding the laws and the appeal process is essential for individuals who find themselves facing an IRP, as the outcome can have a lasting impact on their driving record. Responsible driving and awareness of the legal implications are key to preventing these situations and ensuring road safety.