An Immediate Roadside Prohibition (“IRP”) is an administrative offence under the Motor Vehicle Act. If you receive an IRP in British Columbia, you will be prohibited from driving, effective immediately. In addition to the prohibition, your vehicle will be impounded for 30 days. You will receive a hefty fine associated with the IRP. You will also be responsible for paying the towing and storage costs associated with the vehicle impoundment, which can amount to approximately $1,000.
If you have blown a “FAIL” on a roadside breathalyzer device, or if you have been charged with a Refusal to provide a breath sample, you will face a 90-day driving prohibition. As a result of the 90-day IRP, you will be required to complete the Responsible Driver’s Program, and you will be responsible for paying the costs associated with the program (approximately $1,000). You may also be required to have an interlock breathalyzer device installed in your vehicle. Additionally, even after you have served your entire prohibition, you may receive a letter from the Superintendent of Motor Vehicles advising that due to your unsatisfactory driving record, it is in the interest of public safety to prohibit you further (typically ranging from 3-9 months).
You will receive a 3-day driving prohibition if you have blown a “WARN” on a roadside breathalyzer device. An IRP resulting from a Warn charge is also associated with hefty fines, and the risk of being prohibited further at the discretion of the Superintendent of Motor Vehicles.
You only have seven days from the date that you received the IRP to file for review – there are no exceptions. If you file for review, and your IRP is revoked following the hearing of your case, you will be reimbursed for all towing and storage fees, your license will be reinstated immediately, and the IRP will not show up on your driving record. As a result, you do not run the risk of facing further penalties or prohibitions due to the IRP. As fighting an IRP can be a technical and challenging process, it is advised to retain an experienced lawyer to represent you.
Receiving an IRP can have a significant impact on one’s life. If you have found yourself in the unfortunate situation of being served with an IRP, contact our office immediately, as the deadlines for challenging your prohibition are short and rigorous.
Sonia Gill-Kahlon
Barrister & Solicitor
Grace, Snowdon & Terepocki LLP
Telephone: 604-744-1066
