If you have been stopped for impaired driving in British Columbia, you are dealing with one of the most legally complicated situations a driver can face. BC has two separate and overlapping legal systems for impaired driving: federal criminal law and provincial administrative law, and they can both come into play at the same time. Understanding how they work, and acting quickly, can make a significant difference to the outcome.

This page explains both systems and what you can expect. If you need help right away, call us at 604-608-1200.

Part 1: Criminal Code Charges

Federal impaired driving offences are found in sections 320.14 and 320.15 of the Criminal Code of Canada. A conviction means a certain criminal record, one that can affect your employment, travel, professional licensing, credit, business opportunities, and much more.

The Offences: What the Criminal Code Actually Says

Section 320.14(1) creates four distinct offences. It is a crime to:

• s. 320.14(1)(a) — Impaired driving: operate a conveyance while your ability to operate it is impaired to any degree by alcohol, a drug, or a combination of both. Note: “any degree” means even mild impairment can be enough.
• s. 320.14(1)(b) — Over 80 (blood alcohol): have a blood alcohol concentration (BAC) equal to or exceeding 80 mg of alcohol per 100 mL of blood within two hours of ceasing to operate the vehicle.
• s. 320.14(1)(c) — Over the drug limit: have a blood drug concentration equal to or exceeding a prescribed limit within two hours of driving. For cannabis (THC), the limit is 5 nanograms per mL of blood.
• s. 320.14(1)(d) — Combined alcohol and drug: have both a BAC of 50 mg per 100 mL and a THC level of 2.5 ng per mL or higher within two hours of driving.

Refusal to Provide a Sample — s. 320.15

Section 320.15(1) makes it an offence to fail or refuse, without reasonable excuse, to comply with a demand to provide a breath or blood sample. Refusing is treated just as seriously as being caught over the limit.

Penalties for Criminal Impaired Driving Convictions

Under s. 320.19 of the Criminal Code, the mandatory minimum penalties are:

• First offence: minimum $1,000 fine (increases based on BAC level; $2,000 minimum for refusal) and a minimum one-year driving prohibition.
• Second offence: minimum 30 days in jail and a minimum two-year driving prohibition.
• Third or subsequent offence: minimum 120 days in jail and a minimum three-year driving prohibition.

Over a working lifetime, the financial impact of a criminal record can easily run into the hundreds of thousands of dollars in lost opportunities.

Part 2: The Immediate Roadside Prohibition (90-Day IRP)

In British Columbia, the most common impaired driving outcome is not a criminal charge. In many impaired driving investigations in British Columbia, police issue an Immediate Roadside Prohibition (IRP) instead of pursuing a criminal charge. An IRP is a provincial administrative driving prohibition issued at the roadside.

Immediate Roadside Prohibitions operate under a separate legal process with strict deadlines to challenge the prohibition.

For a full explanation of how IRPs work in BC, including the dispute process and possible defences, see our page on Immediate Roadside Prohibitions (IRP).

Part 3: The 90-Day Administrative Driving Prohibition (ADP)

In most criminal cases where a person is charged under the Criminal Code, police will also issue a 90-day Administrative Driving Prohibition, or ADP. This runs alongside the criminal case to ensure immediate consequences while the court process (which can take years) moves forward.

The Broader Consequences: What Else You Are Facing

Whether you are dealing with a criminal charge, an IRP, an ADP, or all three, the consequences extend well beyond fines:

• Driver Penalty Points: A criminal conviction adds 10 penalty points to your licence.
• Responsible Driver Program: Mandatory remedial program through RoadSafetyBC.
• Ignition Interlock: Requirement to install a “blow box” in your vehicle at your expense.
• ICBC Driver Risk Premium: Thousands of dollars in additional insurance costs over several years.
• Vehicle Impoundment: Immediate 30-day seizure of your vehicle.

Call BC Driving Lawyers Now

We have been defending impaired driving cases in BC courts and before RoadSafetyBC for decades. We know the law, we know the process, and we know where the cases can be won.

Call us at 604-608-1200 or text your ticket to start the process. A free consultation is always available.

Convicted of an alcohol-related Criminal Code offence? See Responsible Driving Program…