Losing your licence is one of the most disruptive things that can happen to a driver. In British Columbia, a driving prohibition applies 24 hours a day, seven days a week, for its entire duration. There are no exceptions for getting to work, dropping children at school, or any other reason. If you drive while prohibited, you face a separate serious charge that carries its own serious consequences.

What many people do not know is that every type of driving prohibition in BC can be challenged, and that the police and the government can prohibit you from driving before you have been convicted of anything. Understanding what type of prohibition you are facing, and what the rules are for challenging it, is the first step.

This page gives you an overview of the main types of driving prohibitions in BC and links to more detailed information on each one. If you already know what you are dealing with, call us at 604-608-1200 for a free consultation.

What a Driving Prohibition Can Cost You

The consequences of a driving prohibition go beyond simply not being able to drive. Depending on the type and length of the prohibition, you may also face:

• Loss of employment, particularly if driving is part of your job or you cannot get to work without a licence.
• Significant costs to reinstate your licence and insurance once the prohibition ends.
• Mandatory completion of the Responsible Driver Program through RoadSafetyBC, at your expense, before you can reapply for your licence.
• A requirement to install and maintain an Ignition Interlock device in your vehicle, also at your expense.
• A permanent record of the prohibition on your driving history, which RoadSafetyBC uses when considering future prohibitions. Each prohibition makes the next one longer.
• In the most serious cases, jail time.

Prohibition for Points: The Notice of Intent to Prohibit

If your driving record accumulates enough penalty points from traffic convictions, RoadSafetyBC (the office of the Superintendent of Motor Vehicles) will mail you a Notice of Intent to Prohibit. This is not yet a prohibition. It is a warning that one is coming, and it is your opportunity to challenge it.

You have 21 days from the date the Notice of Intent to Prohibit was mailed to submit a written challenge. If you miss that deadline, the Superintendent will issue a Notice of Prohibition and the prohibition takes effect.

The length of the prohibition depends on your driving history. A lawyer can make written submissions to the Superintendent explaining why the prohibition should not proceed, or why it should be reduced. These submissions are more effective when they are prepared by someone who understands what the Superintendent considers and how to frame the argument.

For more detail on this type of prohibition, see our page on Driving Prohibition for Points.

Immediate Roadside Prohibition: The 90-Day IRP and Warn Range Prohibitions

The Immediate Roadside Prohibition is issued at the roadside by a police officer, takes effect immediately, and does not require a court conviction. It is the most common type of driving prohibition in BC.

There are two categories. If you blow into an Approved Screening Device and the result is a Warn, which indicates a blood alcohol concentration between 50 and 80 mg per 100 mL, the prohibition length depends on your history: three days for a first occurrence, seven days for a second, and 30 days for any subsequent occurrence.

If the result is a Fail, indicating a blood alcohol concentration at or above 80 mg per 100 mL, or if the officer determines you refused or failed to comply with the demand, the prohibition is 90 days. This is the 90-day IRP, and it is the one most people are dealing with when they call us.

The deadline to dispute an IRP is seven days from the date it was issued. There is no extension. Missing that deadline means losing your right to challenge entirely.

IRPs are more defensible than the government would like people to believe. The process has real weaknesses, and the specific facts of how your investigation was conducted matter a great deal.

For more detail, see our page on the Immediate Roadside Prohibition.

Administrative Driving Prohibition: Running Alongside a Criminal Charge

When someone is investigated for a Criminal Code impaired driving offence, the police will often also issue a 90-day Administrative Driving Prohibition, or ADP. This is a provincial administrative prohibition that operates separately from the criminal case and is intended to impose immediate consequences while the court process takes its course.

ADPs can be issued on the basis of a breath or blood sample showing a prohibited alcohol or drug concentration, or on the basis of an alleged refusal to provide a sample. They cannot be issued on the basis of evidence of impairment alone. That distinction matters when it comes to challenging the ADP.

The ADP review process operates on a compressed timeline similar to the IRP process, with a hearing before a RoadSafetyBC adjudicator. Early legal involvement is important.

For more detail on impaired driving prohibitions generally, see our pages on Impaired Driving and the Immediate Roadside Prohibition.

Court-Ordered Driving Prohibitions

Certain Criminal Code and Motor Vehicle Act offences carry a mandatory driving prohibition as part of the sentence. If you are convicted of one of these offences, the court is required to prohibit you from driving. The length depends on the offence and your prior record.

For Criminal Code impaired driving offences, the minimum prohibition on a first offence is one year. A second conviction within the past ten years results in a minimum three-year prohibition. Three or more convictions within ten years can result in an indefinite prohibition.

In addition to the court-ordered prohibition, a criminal conviction for a driving offence will also trigger an automatic licence suspension under the Motor Vehicle Act. These run concurrently, but both need to be addressed before you can legally drive again.

The best way to avoid a court-ordered prohibition is to successfully defend the criminal charge. If a conviction is unavoidable, sentencing submissions can sometimes affect the length of the prohibition.

For more detail, see our page on Court Prohibitions.

Driving While Prohibited: A Separate and Serious Offence

If you drive while under any type of prohibition, you are committing a separate offence under the Motor Vehicle Act and potentially under the Criminal Code as well. The consequences are serious: a further driving prohibition, substantial fines, a permanent mark on your driving record, and in some circumstances a jail sentence.

Driving while prohibited charges are also defensible. The Crown must prove you knew about the prohibition and drove anyway. There are procedural and evidentiary issues that a lawyer can examine in every case.

For more detail, see our page on Driving While Prohibited.

Other Types of Prohibitions

There are other circumstances in which the Superintendent of Motor Vehicles may prohibit someone from driving, including on medical grounds. These situations involve different processes and considerations and are outside the scope of what we typically handle. If you are facing a prohibition of this type, you should seek advice specific to your situation.

Talk to a Driving Lawyer Today

BC Driving Lawyers handles every type of driving prohibition that can be challenged: IRPs, ADPs, points prohibitions, court prohibitions, and driving while prohibited charges. We deal with RoadSafetyBC, ICBC, and the courts regularly, and we know how each system works.

If you are not sure what type of prohibition you are dealing with, call us and we will help you figure it out. A free consultation is always available at 604-608-1200.