Difference between revisions of "Driving While Prohibited"

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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.
There are several ways you can be prohibited from driving: by the province, by the police, or by a driving conviction. It is a driving offence to '''drive while prohibited'''.


==Six types of driving prohibitions==
==What you should know==


'''1. BC Superintendent of Motor Vehicles prohibition for poor driving record'''
===The province can prohibit you from driving===
:The BC Superintendent of Motor Vehicles can prohibit you from driving in any of the following cases:
A BC government office monitors driving records and can issue a driving prohibition. The '''Superintendent of Motor Vehicles''', [https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/high-risk-driver/driver-improvement through its Driver Improvement Program], looks at things like the number of '''penalty points''' you have accumulated on your driving record within a two-year period (many driving offences automatically result in penalty points). The Superintendent’s office can prohibit you from driving in any of these 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'''
* The Superintendent considers it in the public interest — for example, if you have a bad driving record or you were involved in a high-risk driving incident.
: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:
* Your driver’s licence was suspended in another province or state.
:*require you to remove your vehicle from the road.
* You haven’t paid money owing under a court order relating to a vehicle accident you were involved in.
:*require you to give them your driver’s licence.
* You haven’t taken a medical exam required by the Superintendent.
:*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 [[Drinking and Driving (Script 190)|190]], called “Drinking and Driving”.
===The police can prohibit you from driving===
Police have the discretion to issue various driving prohibitions.


: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.
====24-hour roadside prohibition====
[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html#sec215_smooth Under BC’s driving laws], police can issue a '''24-hour roadside prohibition''' if they have reasonable grounds to believe a driver’s ability to drive is affected by alcohol or a drug.


'''3. 12-hour roadside suspension'''
If you are given a 24-hour prohibition, police send a copy of the prohibition notice to ICBC to be placed on your driver's record. Police can also '''impound''' your vehicle (have it towed) to prevent you from driving.
: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.
{| class="wikitable"
|align="left"|'''Tip'''
If police give you a 24-hour roadside prohibition, believing you’ve been drinking, you can ask the police to test your breath. If your blood-alcohol level is below 50 milligrams of alcohol in 100 millilitres of blood (“below .05”), the police have to cancel the prohibition. But if your blood-alcohol level is over .05, you face more than a 24-hour prohibition — [[Impaired Driving|see our information on impaired driving]].
|}


'''4. Immediate roadside prohibition (IRP)'''
====Immediate roadside prohibition====
: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 [[Drinking and Driving (Script 190)|190]] has more on this.)
[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html#sec215.41_smooth Under another provision of BC’s driving laws], police can issue an '''immediate roadside prohibition''' if you provide a breath sample and an '''approved screening device''' shows a warn or fail reading, and police have reasonable grounds to believe your ability to drive is affected by alcohol.


:If the device shows a “warn”, the police will:
A '''fail''' reading (of over .08) results in a 90-day driving prohibition. A '''warn''' reading (of over .05) results in a 3-day driving prohibition for a first prohibition, a 7-day driving prohibition for a second prohibition, and a 30-day driving prohibition for any subsequent prohibition.
:*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).
====Administrative driving prohibition====
:*immediately prohibit you from driving for 3 clear days (longer for later incidents).
[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html#sec94.1_smooth Under another provision], if the police, suspecting you of drinking and driving, test your blood-alcohol level and it’s over .08, they can give you a 90-day '''administrative driving prohibition'''. They can also charge you under the ''Criminal Code'' with impaired driving. (For more, [[Impaired Driving|see our information on impaired driving]].)


: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.  
===A criminal conviction can prohibit you from driving===
If you are convicted of a driving-related offence under the ''Criminal Code'', you receive an automatic driving prohibition (in addition to other penalties). For example, if you are convicted of impaired driving, dangerous driving, or hit and run, you are automatically prohibited from driving for '''one year'''. The judge can order a longer driving prohibition, depending on the facts of the case and your overall driving record.


: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 you are charged with driving while prohibited===
'''Driving while prohibited''' from driving [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html#sec95_smooth is an offence under the ''Motor Vehicle Act'']. If you are charged with driving while prohibited, the prosecutor must usually prove that:


:If the device shows a “fail” or if you refuse to provide a breath sample, the police will:
* you were driving, and
:*take your driver’s licence.
* you were prohibited from driving, and
:*prohibit you from driving for 90 days.
* you ''knew'' you were prohibited from driving.
:*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.
The prosecutor must prove each of these elements beyond a reasonable doubt. The prosecutor will normally use several documents to show these things, in addition to other evidence. You should carefully review these documents, ideally with a lawyer, before deciding how to proceed.


: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.
For a description of what to expect from the process, [[Traffic Tickets|see our information on traffic tickets]].


'''5. Administrative Driving Prohibition (ADP)'''
===If you’re sentenced for driving while prohibited===
: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).
If you plead guilty or are found guilty on a charge of driving while prohibited, you will be '''sentenced'''.


'''6. Driving prohibition for ''Criminal Code'' conviction (court ordered)'''
If it is your first conviction for driving while prohibited, a judge must '''fine''' you at least $500 and up to $2,000. The judge can also send you to jail for up to six months, but usually won’t for a first offence.
: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:
As well, you will be '''prohibited from driving''' for at least 12 months. The judge can consider your driving record and impose a longer driving prohibition.
:*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.
In addition, a driving while prohibited conviction automatically results in '''10 penalty points''' against your driver’s licence. (For how penalty points affect the premiums you pay for car insurance, [[The Points System and ICBC|see our information on the points system and ICBC]].)


==If you are charged with driving while prohibited==
For a second or further offence, a judge must send you to '''jail''' for at least 14 days and up to one year — in addition to ordering a fine of between $500 and $2,000, and a driving prohibition of at least a year.
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”.
==Common questions==


==Penalties for driving while prohibited==
===Can I challenge a driving prohibition issued by the police?===
'''a. Fine, jail, or both'''
Yes. Police send a copy of any driving prohibition notice they issue to ICBC to be placed on your driver's record. You can ask Road Safety BC for a '''review''' of a driving prohibition. You must ask '''within seven days''' of when you get the notice of prohibition.
: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.
To ask for the review, [https://www.icbc.com/locators/Pages/default.aspx you fill in an application form available at any ICBC driver licensing office]. You must also pay a fee that depends on whether you make your case in writing or orally. A decision will usually be made within 21 days of when you got the prohibition notice. [https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/prohibitions/apply-online The grounds to dispute the prohibition vary depending on the type of prohibition]. The reality is most prohibitions are upheld. During the review process, you are still prohibited from driving.


'''b.  Driving prohibition of 12 months or longer'''
==Who can help==
: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'''
===With more information===
: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 '''BC government''' website includes information on driving prohibitions and suspensions.


: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.
* [https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/prohibitions Visit website]


==Summary==
With its '''Driver Improvement Program''', the Superintendent of Motor Vehicles identifies high-risk drivers and encourages them to improve their driving habits.
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 [http://www.icbc.com/driver-licensing/tickets/Pages/default.aspx www.icbc.com/driver-licensing/tickets/Pages/default.aspx].
*Check script [[Drinking and Driving (Script 190)|190]], called “Drinking and Driving” and script [[Defending Yourself Against a Criminal Charge (Script 211)|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 [http://www.pssg.gov.bc.ca/osmv/prohibitions/index.htm www.pssg.gov.bc.ca/osmv/prohibitions/index.htm].
*Check RoadSafetyBC (called the Office of the Superintendent of Motor Vehicles before May 2014) at [http://www.pssg.gov.bc.ca/osmv/about/index.htm www.pssg.gov.bc.ca/osmv/about/index.htm].
 
 
[updated June 2014]
 
 
----
----


* [https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/high-risk-driver/driver-improvement Visit website]


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Latest revision as of 17:49, 5 July 2021

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Jeremy Carr, Jeremy Carr & Associates in May 2018.
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There are several ways you can be prohibited from driving: by the province, by the police, or by a driving conviction. It is a driving offence to drive while prohibited.

What you should know

The province can prohibit you from driving

A BC government office monitors driving records and can issue a driving prohibition. The Superintendent of Motor Vehicles, through its Driver Improvement Program, looks at things like the number of penalty points you have accumulated on your driving record within a two-year period (many driving offences automatically result in penalty points). The Superintendent’s office can prohibit you from driving in any of these cases:

  • The Superintendent considers it in the public interest — for example, if you have a bad driving record or you were involved in a high-risk driving incident.
  • Your driver’s licence was suspended in another province or state.
  • You haven’t paid money owing under a court order relating to a vehicle accident you were involved in.
  • You haven’t taken a medical exam required by the Superintendent.

The police can prohibit you from driving

Police have the discretion to issue various driving prohibitions.

24-hour roadside prohibition

Under BC’s driving laws, police can issue a 24-hour roadside prohibition if they have reasonable grounds to believe a driver’s ability to drive is affected by alcohol or a drug.

If you are given a 24-hour prohibition, police send a copy of the prohibition notice to ICBC to be placed on your driver's record. Police can also impound your vehicle (have it towed) to prevent you from driving.

Tip

If police give you a 24-hour roadside prohibition, believing you’ve been drinking, you can ask the police to test your breath. If your blood-alcohol level is below 50 milligrams of alcohol in 100 millilitres of blood (“below .05”), the police have to cancel the prohibition. But if your blood-alcohol level is over .05, you face more than a 24-hour prohibition — see our information on impaired driving.

Immediate roadside prohibition

Under another provision of BC’s driving laws, police can issue an immediate roadside prohibition if you provide a breath sample and an approved screening device shows a warn or fail reading, and police have reasonable grounds to believe your ability to drive is affected by alcohol.

A fail reading (of over .08) results in a 90-day driving prohibition. A warn reading (of over .05) results in a 3-day driving prohibition for a first prohibition, a 7-day driving prohibition for a second prohibition, and a 30-day driving prohibition for any subsequent prohibition.

Administrative driving prohibition

Under another provision, if the police, suspecting you of drinking and driving, test your blood-alcohol level and it’s over .08, they can give you a 90-day administrative driving prohibition. They can also charge you under the Criminal Code with impaired driving. (For more, see our information on impaired driving.)

A criminal conviction can prohibit you from driving

If you are convicted of a driving-related offence under the Criminal Code, you receive an automatic driving prohibition (in addition to other penalties). For example, if you are convicted of impaired driving, dangerous driving, or hit and run, you are automatically prohibited from driving for one year. The judge can order a longer driving prohibition, depending on the facts of the case and your overall driving record.

If you are charged with driving while prohibited

Driving while prohibited from driving is an offence under the Motor Vehicle Act. If you are charged with driving while prohibited, the prosecutor must usually prove that:

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

The prosecutor must prove each of these elements beyond a reasonable doubt. The prosecutor will normally use several documents to show these things, in addition to other evidence. You should carefully review these documents, ideally with a lawyer, before deciding how to proceed.

For a description of what to expect from the process, see our information on traffic tickets.

If you’re sentenced for driving while prohibited

If you plead guilty or are found guilty on a charge of driving while prohibited, you will be sentenced.

If it is your first conviction for driving while prohibited, a judge must fine you at least $500 and up to $2,000. The judge can also send you to jail for up to six months, but usually won’t for a first offence.

As well, you will be prohibited from driving for at least 12 months. The judge can consider your driving record and impose a longer driving prohibition.

In addition, a driving while prohibited conviction automatically results in 10 penalty points against your driver’s licence. (For how penalty points affect the premiums you pay for car insurance, see our information on the points system and ICBC.)

For a second or further offence, a judge must send you to jail for at least 14 days and up to one year — in addition to ordering a fine of between $500 and $2,000, and a driving prohibition of at least a year.

Common questions

Can I challenge a driving prohibition issued by the police?

Yes. Police send a copy of any driving prohibition notice they issue to ICBC to be placed on your driver's record. You can ask Road Safety BC for a review of a driving prohibition. You must ask within seven days of when you get the notice of prohibition.

To ask for the review, you fill in an application form available at any ICBC driver licensing office. You must also pay a fee that depends on whether you make your case in writing or orally. A decision will usually be made within 21 days of when you got the prohibition notice. The grounds to dispute the prohibition vary depending on the type of prohibition. The reality is most prohibitions are upheld. During the review process, you are still prohibited from driving.

Who can help

With more information

The BC government website includes information on driving prohibitions and suspensions.

With its Driver Improvement Program, the Superintendent of Motor Vehicles identifies high-risk drivers and encourages them to improve their driving habits.

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