BC IRP legislation refers to Immediate Roadside Prohibitions according to the legislation of British Columbia. An IRP is usually issued when the police have reasonable and probable grounds to consider that one’s capacity of driving is impaired by alcohol or drugs. IRP is discussed under section 25 of the BC Motor Vehicle Act.
For how long can one lose his or her license and motor vehicle under IRP?
This can depend on whether the offence is the first one or if prior such offences have occurred. Penalties and fees are also requested to be paid when IRP is issued and participation in responsible driver programs and ignition interlock programs is requested.
- Blood alcohol concentration (BAC) between 0.05 and 0.08 (0.08 is the legal limit; a concentration above this is a criminal offence) and first offence – driving prohibition and impoundment of vehicle for three days; impound and towing fees (approximately $150); $200 penalty and license reinstatement fee ($250)
- BAC between 0.05 and 0.08, second offence, within five years from the first one: driving prohibition and impoundment of vehicle for seven days; impound and towing fees (approximately $230); $300 penalty and license reinstatement fee ($250)
- BAC between 0.05 and 0.08, third offence, within five years: driving prohibition and impoundment of vehicle for 30 days; impound and towing fees (approximately $680); $400 penalty and license reinstatement fee ($250); responsible driver program (around $880); ignition interlock program (around $1700)
- BAC over 0.08 or refuse to blow – driving prohibition (90 days) and impoundment of vehicle (30 days); impound and towing fees (approximately $700); $500 penalty and license reinstatement fee ($250); responsible driver program (around $880); ignition interlock program (around $1700)
What does the ignition interlock program refer to?
You may have heard of it under the name of Guardian interlock program as well. An ignition interlock device is a device that requires that drivers provide a breath sample so that they can start the car. Guardian is a company providing such devices. During longer trips, periodical breath samples are further required (10 or 12 a day). The costs of the program include enrolment in it, installation of the device in one’s car, monthly checks and removal of the device from the car.
Can IRP be disputed?
Yes, IRP can be disputed, and not disputing it gives one no other option but to accept it. One can contact a lawyer for help on this matter. The lawyer will obtain the Report from the Superintendent of Motor Vehicles and can then understand what chances there are for winning the review or if it will most probably be lost.
The approved screening devices (ASD) used in BC do not show numerical reads above the concentration of 0.06%. They show “pass”, “warn” (0.05 to 0.1) or “fail” (above 0.1). Since ASD is not very precise, if it displays “fail”, then it can be demanded that a test with a more accurate breathalyser, operated by a qualified technician, be made. A good lawyer has information on all breathalysers that the police might use, including the ASD (which is the Alco Sensor IV DWF Screener) and data related to driving prohibition review decisions that have been successful.
In other words, a lawyer holds information that can be used to one’s advantage, so disputing the IRP might work. A successful review means that one’s license is re-instated, one gets his or her vehicle back and the storage and towing costs will be covered by the Superintendent.