Driving While Prohibited

This script explains 6 types of driving prohibitions in BC. Then it explains what can happen if you are charged with driving a motor vehicle while prohibited from driving under the BC Motor Vehicle Act and the penalties if you are convicted.

Six types of driving prohibitions

1. BC Superintendent of Motor Vehicles prohibition for poor driving record

The BC Superintendent of Motor Vehicles can prohibit you from driving in any of the following cases:

• the Superintendent considers it in the public interest – for example, if you have a bad driving record.
• your driver’s license was suspended in anther province or state.
• you don’t pay money, called damages, that a court orders for a vehicle accident in which you were the driver or vehicle owner.
• you don’t take a medical exam that the Superintendent orders.

2. 24-hour prohibition

If you have care or control of a vehicle and the police have reasonable grounds to believe that your ability to drive is affected by alcohol or drugs, they may:

• require you to remove your vehicle from the road.
• require you to give them your driver’s licence.
• give you notice of a 24-hour prohibition. The notice is a document.
• impound your vehicle (have it towed) to prevent you from driving during the 24-hour prohibition.

If the police give you this prohibition without testing your breath, you can ask them to test your breath with an approved roadside-screening device (ASD). If your blood-alcohol level is not over 50 milligrams per 100 milliliters of blood, the police have to cancel the prohibition. But if your blood-alcohol level is over 50 milligrams, you face much more than a 24-hour prohibition – check script 190, called “Drinking and Driving”.

If the prohibition is because of alcohol, you can ask the Superintendent to review the prohibition. You have to do that in writing, within 7 days of getting the notice. The Superintendent can cancel the prohibition only in 2 cases: if you were not the driver or you did not have care or control of the vehicle or if the police failed to test your blood alcohol when you asked.

3. 12-hour roadside suspension

A 12-hour suspension applies only to new drivers in the Graduated Licensing Program. As a driver in this program (as a Learner or Novice), if you have care or control of a motor vehicle and an ASD test shows you have any alcohol in your body, you receive an immediate 12-hour driving suspension. You also have to go back to the start of your 12-month (L) or 24-month (N) stage. And the Superintendent will automatically review your driving record and can give you more driving prohibitions if your record is unsatisfactory.

If your blood-alcohol level is over 0.05, you face the same consequences as other drivers, plus go back to the start of your 12-month (L) or 24-month (N) stage. There is no review of a 12-hour roadside suspension.

4. Immediate roadside prohibition (IRP)

If you have care or control of a motor vehicle and the police reasonably suspect that you have alcohol or drugs in your body, they may demand that you blow into a hand-held breath-testing device at the side of the road. (Script 190 has more on this.)

If the device shows a “warn”, the police will:

• take your driver’s licence and give you a notice that you are prohibited from driving.
• impound your vehicle for 3 clear days (not including weekends).
• immediately prohibit you from driving for 3 clear days (longer for later incidents).

For a second offense within 5 years, the driving prohibition and vehicle impoundment increase to 7 days. For a third offense within 5 years, the driving prohibition and vehicle impoundment increase to 30 days.

In all 3 cases, you also have to pay penalties and fees to get your license back, or reinstated. And in the third case, you have to enroll in a responsible driver program and install an ignition interlock device in your vehicle. Both these things cost a lot more.

If the device shows a “fail” or if you refuse to provide a breath sample, the police will:

• take your driver’s licence.
• prohibit you from driving for 90 days.
• impound your vehicle for 30 days.

And you also have to pay a penalty and a license reinstatement fee, enroll in a responsible driver program and install an ignition interlock device in your vehicle. Both these things cost a lot more. The police may also arrest you and take you to the police station for further breath testing.

You can ask for a review of the prohibitions within 7 days. But the grounds for disputing the prohibition are very limited and most prohibitions are upheld. And usually, the prohibition will be over before the review is held.

5. Administrative Driving Prohibition (ADP)

If your blood alcohol content is over 0.08, or if you refuse to give a breath sample, police may give you a 90-day driving prohibition and charge you under the Criminal Code with impaired driving – if they don’t give you an IRP (see item 4 above).

6. Driving prohibition for Criminal Code conviction (court ordered)

You lose the right to drive if you are convicted of a Criminal Code offense related to motor vehicles. For example, if you are convicted of impaired driving, dangerous driving, or hit and run, you are prohibited from driving for 1 to 3 years. This is the penalty for a first offense – unless a judge orders a longer prohibition. For a second conviction, you will be prohibited from driving for 2 to 5 years. For third and later convictions, you will be prohibited from driving for 3 years to lifetime.

Starting June 15, 2005, if you are convicted of a Criminal Code offense relating to motor vehicles, you have to complete a user-pay rehabilitation program. This type of program may also be required if you apply for a driver’s licence and you have received:

• two 90-day administrative driving prohibitions within 5 years,
• three 24-hour driving prohibitions within 5 years, or
• a combined total of three 24-hour prohibitions or 90-day prohibitions within 5 years.

If you are convicted of 3 of more alcohol-related Criminal Code offences, you can re-apply for a driver’s license after 5 years if you successfully complete the rehabilitation program.

If you are charged with driving while prohibited

To convict you of this offense, the prosecutor must usually prove beyond a reasonable doubt that you:

• were driving, and
• were prohibited from driving, and
• knew you were prohibited from driving.

The prosecutor will normally use several documents to show these things. You should carefully review these documents with a lawyer before deciding how to proceed. For more on defending yourself, check script 211, called “Defending Yourself Against a Criminal Charge”.

Penalties for driving while prohibited

a. Fine, jail, or both

For a first offence, a judge must fine you at least $500 and up to $2000. But the judge does not have to send you to jail, and usually doesn’t.

For a second or further offense, a judge will fine you at least $500 but not more than $2000 and must send you to jail for at least 14 days up to one year.

b. Driving prohibition of 12 months or longer

In addition to a fine and jail term, if you’re convicted of driving while prohibited, even if it’s your first offence, you will be prohibited from driving for at least 12 months. The judge can consider your driving record and impose a longer prohibition, in addition to the automatic 12-month prohibition.

c. Vehicle impoundment

There are other penalties too. If the police catch you driving while prohibited, they will impound, or take away, your vehicle. It will also be impounded if you are suspended from driving for Criminal Code convictions related to motor vehicles or if you are prohibited from driving because you are medically unfit.

The impoundment lasts 7 days for a first incident and 30 days for a second incident and 60 days for a third incident. You have to pay all costs of the impoundment before you get your vehicle back. You can ask the Superintendent to review the impoundment within 30 days of the date of the notice of impoundment. The impoundment notice explains how to apply for a review.

Summary

Driving while prohibited is a complex offence with severe penalties. If you are charged, you should at least talk to a lawyer and get some advice. Then you can decide whether you want to hire a lawyer to represent you in court.

More information

• Check the ICBC website at www.icbc.com/driver-licensing/tickets/Pages/default.aspx.
• Check script 190, called “Drinking and Driving” and script 211, called “Defending Yourself Against a Criminal Charge”.
• The Motor Vehicle Act is at www.bclaws.ca and the Criminal Code is at http://laws-lois.justice.gc.ca/eng.
• Ministry of Justice information on prohibitions and suspensions is at www.pssg.gov.bc.ca/osmv/prohibitions/index.htm.
• Check RoadSafetyBC (called the Office of the Superintendent of Motor Vehicles before May 2014) at www.pssg.gov.bc.ca/osmv/about/index.htm.

[updated June 2014]

---

---

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

An award of money payable by one party to a court proceeding to another, usually as compensation for loss or harm suffered as a result of the other party’s actions or omissions. In family law, damages are usually awarded to one party in compensation for breach of contract or spousal abuse. See "breach of contract" and "tort."

A method of calculating time under which the days for a legal deadline are counted by excluding the first day and the last day in the period. For example, a court order obtained on Monday that says that someone can apply to vary the order on "two clear days' notice" means that the soonest the person could apply is Thursday. See "business days" and "calendar days."

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government, or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal.

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

In law, a calculation of the allowable legal expenses of a party to a court proceeding, as determined by the Supreme Court Family Rules. The party who is most successful in a court proceeding is usually awarded their "costs" of the proceeding. See "account," "bill of costs," "Certificate of Costs or Expenses" and "lawyer's fees."