Immediate Roadside Prohibitions

3, 7, and 30-Day IRPs

Immediate Roadside Prohibitions Recent Successes

  • Case Name: R. v. S.N.
  • Charge(s): 90 Day IRP - ASD "Fail" Readings
  • Location: Delta, British Columbia
  • Result: 90-day IRP overturned. ASD “FAIL” reading was found to be inaccurate because it occurred within 15 minutes of the client’s last alcoholic beverage.
  • Case Name: R. v. P.L.
  • Charge(s): 90 Day IRP – Refusal
  • Location: Nanaimo, British Columbia
  • Result: IRP overturned. Counsel successfully argued the ASD demand was unlawful because the officer did not read the demand immediately after forming his suspicion that client had alcohol in his body.
Read More

If you are driving, or have been driving within the preceding three hours, a police officer may demand that you provide a breath sample into a handheld approved screening device (ASD). If your ASD test results in a "WARN" reading, you may be issued a 3, 7, or 30-day Immediate Roadside Prohibition (IRP). An IRP is issued to drivers under the Motor Vehicle Act.

The first-time penalty for blowing a "WARN" reading on an ASD is a 3-day driving prohibition, a possible 3-day vehicle impoundment, and a $200 fine. The penalty for blowing a "WARN" reading on an ASD for a second time within a 5-year period is a 7-day IRP driving prohibition, a possible 7-day vehicle impoundment, and a $300 fine. You will have to apply to have your driver’s licence reinstated and pay off any associated debts owed on your licence before you are able to drive again. You may also be referred to remedial programs such as the Responsible Driver Program (RDP) or the Ignition Interlock Program (IIP). Referrals to remedial programs are determined by the Mandatory Criteria Matrix.

The penalty for receiving a third IRP based on a "WARN" reading on an ASD within a 5-year period includes a 30-day driving prohibition, a 30-day vehicle impoundment, and a $400 fine. You will also be referred to a remedial driving program and be required to have an ignition interlock device installed in your vehicle. Additionally, will have to apply to have your driver’s licence reinstated and pay off any associated debts owed on your licence before you are able to drive again.

If you have received an IRP and want to dispute it, you must act quickly. You are under a very strict 7-day deadline from the date you received the IRP to file for a review hearing. Our lawyers specialize in IRP reviews and judicial reviews. We are extremely experienced and have had great success representing drivers from all across British Columbia. Call us today for a free, confidential consultation to discuss your case.

Wondering what to do next? Call us at 778-728-0221 or Send Us an Email Now

  • This field is for validation purposes and should be left unchanged.

Immediate Roadside Prohibitions Recent Successes

  • Case Name: R. v. S.N.
  • Charge(s): 90 Day IRP - ASD "Fail" Readings
  • Location: Delta, British Columbia
  • Result: 90-day IRP overturned. ASD “FAIL” reading was found to be inaccurate because it occurred within 15 minutes of the client’s last alcoholic beverage.
  • Case Name: R. v. P.L.
  • Charge(s): 90 Day IRP – Refusal
  • Location: Nanaimo, British Columbia
  • Result: IRP overturned. Counsel successfully argued the ASD demand was unlawful because the officer did not read the demand immediately after forming his suspicion that client had alcohol in his body.
Read More

Recent
Successes