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<p>If the police stop you while you are driving a vehicle, or while you have care or control of a vehicle even if you’re not driving it, you must take the following tests. Care or control of a vehicle means you were in the driver’s seat and had access to the ignition key, even if you were parked.</p> | <p>If the police stop you while you are driving a vehicle, or while you have care or control of a vehicle even if you’re not driving it, you must take the following tests. Care or control of a vehicle means you were in the driver’s seat and had access to the ignition key, even if you were parked.</p> | ||
====a. Blow into an approved roadside-screening device or ASD==== | |||
If the police reasonably suspect that you have alcohol in your body, they may legally require, or demand, that you immediately give a breath sample by blowing into a hand-held breathalyzer, called an Approved Screening Device or <strong>ASD</strong>. If the police don’t do this right away, they may not be able to use your ASD results in a criminal trial (section 3 discusses criminal charges below). But a delay in requiring you to blow into an ASD does not affect a Warn or Fail reading on the ASD, which may lead to an immediate roadside prohibition, or <strong>IRP </strong>(section 2 discusses IRPs below). The police can use your ASD results to issue an IRP or to hold you for further investigation.</p> | If the police reasonably suspect that you have alcohol in your body, they may legally require, or demand, that you immediately give a breath sample by blowing into a hand-held breathalyzer, called an Approved Screening Device or <strong>ASD</strong>. If the police don’t do this right away, they may not be able to use your ASD results in a criminal trial (section 3 discusses criminal charges below). But a delay in requiring you to blow into an ASD does not affect a Warn or Fail reading on the ASD, which may lead to an immediate roadside prohibition, or <strong>IRP </strong>(section 2 discusses IRPs below). The police can use your ASD results to issue an IRP or to hold you for further investigation.</p> | ||
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<p>The legal limit under the <em>Criminal Code</em> is 80 milligrams, called .08. The legal limit under the BC <em>Motor Vehicle Act</em> is 50 milligrams, called .05. But if the ASD shows a blood-alcohol concentration below 60 (rather than 50), the police will probably let you leave. If the ASD shows Warn, the police will probably give you an IRP. If the ASD shows Fail, the police may give you an IRP. Or they demand you take an evidentiary breathalyzer test as part of a criminal investigation.</p> | <p>The legal limit under the <em>Criminal Code</em> is 80 milligrams, called .08. The legal limit under the BC <em>Motor Vehicle Act</em> is 50 milligrams, called .05. But if the ASD shows a blood-alcohol concentration below 60 (rather than 50), the police will probably let you leave. If the ASD shows Warn, the police will probably give you an IRP. If the ASD shows Fail, the police may give you an IRP. Or they demand you take an evidentiary breathalyzer test as part of a criminal investigation.</p> | ||
====b. Take an evidentiary </strong><strong>breathalyzer</strong><strong> test==== | |||
An evidentiary breathalyzer is an instrument that measures the alcohol in your breath to see if you have more than the legal limit of .08. In Canadian law, it is called an <strong>Approved Instrument</strong>. The next page explains how it works.</p> | An evidentiary breathalyzer is an instrument that measures the alcohol in your breath to see if you have more than the legal limit of .08. In Canadian law, it is called an <strong>Approved Instrument</strong>. The next page explains how it works.</p> | ||
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===2. What can happen under BC law if you drink and drive?=== | ===2. What can happen under BC law if you drink and drive?=== | ||
====a. An <em>Immediate Roadside Prohibition</em> (IRP)==== | |||
You may be prohibited from driving and lose your vehicle immediately—under section 215 of the BC <em>Motor Vehicle Act</em> (available at [http://www.bclaws.ca www.bclaws.ca]). This can happen if you blow into an ASD and it shows a prohibited level of alcohol in your breath (a <strong>Warn</strong> or <strong>Fail</strong>, shown in the table below). In that case, the police will issue an <strong>IRP</strong>.</p> | You may be prohibited from driving and lose your vehicle immediately—under section 215 of the BC <em>Motor Vehicle Act</em> (available at [http://www.bclaws.ca www.bclaws.ca]). This can happen if you blow into an ASD and it shows a prohibited level of alcohol in your breath (a <strong>Warn</strong> or <strong>Fail</strong>, shown in the table below). In that case, the police will issue an <strong>IRP</strong>.</p> | ||
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<p><strong>Effect of IRP on travel to the United States</strong>—although an IRP is not a criminal conviction, US border officials could see it as evidence of discreditable conduct. And they can refuse entry to the US to foreigners without any reason. But there are no reported cases of a person being refused entry to the US only because of an IRP.</p> | <p><strong>Effect of IRP on travel to the United States</strong>—although an IRP is not a criminal conviction, US border officials could see it as evidence of discreditable conduct. And they can refuse entry to the US to foreigners without any reason. But there are no reported cases of a person being refused entry to the US only because of an IRP.</p> | ||
====b. 24-hour driving prohibition and vehicle impoundment==== | |||
Instead of issuing an IRP, police can prohibit you from driving for 24 hours and impound your vehicle if they have reasonable and probable grounds to believe your ability to operate a vehicle is affected by alcohol, drugs, or both. They do not have to test your blood-alcohol level. If you disagree, you can ask for a breath test on an ASD. But police can use the ASD results to issue an IRP or to hold you for a criminal investigation.</p> | Instead of issuing an IRP, police can prohibit you from driving for 24 hours and impound your vehicle if they have reasonable and probable grounds to believe your ability to operate a vehicle is affected by alcohol, drugs, or both. They do not have to test your blood-alcohol level. If you disagree, you can ask for a breath test on an ASD. But police can use the ASD results to issue an IRP or to hold you for a criminal investigation.</p> | ||
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<p><strong>Effect of 24-hour driving prohibition on travel to the United States</strong>—although a 24-hour prohibition is not a criminal conviction, US border officials could see it as evidence of discreditable conduct. And they can refuse entry to the US to foreigners without any reason. But there are no reported cases of a person being refused entry to the US only because of a 24-hour driving prohibition.</p> | <p><strong>Effect of 24-hour driving prohibition on travel to the United States</strong>—although a 24-hour prohibition is not a criminal conviction, US border officials could see it as evidence of discreditable conduct. And they can refuse entry to the US to foreigners without any reason. But there are no reported cases of a person being refused entry to the US only because of a 24-hour driving prohibition.</p> | ||
====c. Different rules for new drivers==== | |||
In BC’s graduated licensing program, new drivers (both Learners and Novices) get a 12-hour suspension if a breath test with an ASD shows that they have any alcohol in their body—or if they refuse to blow. They also have to start their stage (12-month L or 24-month N) over again. There is no review of this suspension. And if they are over 0.05, they face the same, more serious results as other drivers, not just a 12-hour suspension. Plus they must start their stage over again.</p> | In BC’s graduated licensing program, new drivers (both Learners and Novices) get a 12-hour suspension if a breath test with an ASD shows that they have any alcohol in their body—or if they refuse to blow. They also have to start their stage (12-month L or 24-month N) over again. There is no review of this suspension. And if they are over 0.05, they face the same, more serious results as other drivers, not just a 12-hour suspension. Plus they must start their stage over again.</p> | ||
====d. Responsible Driver Program course and Ignition Interlock Program referrals==== | |||
The BC government refers drivers to these 2 programs if any of the following 3 situations apply to them (these are separate from the IRP requirements for the 2 programs—see the table in section 2(a) above):</p> | The BC government refers drivers to these 2 programs if any of the following 3 situations apply to them (these are separate from the IRP requirements for the 2 programs—see the table in section 2(a) above):</p> | ||
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</ul> | </ul> | ||
====e. Higher insurance costs==== | |||
Prohibitions and convictions under the BC <em>Motor Vehicle Act</em> mean you have much higher vehicle insurance costs. The website of the Insurance Corporation of BC (ICBC) has more on this at [http://www.icbc.com/driver-licensing/tickets/Pages/Driver-Risk-Premium.aspx www.icbc.com/driver-licensing/tickets/Pages/Driver-Risk-Premium.aspx].</p> | Prohibitions and convictions under the BC <em>Motor Vehicle Act</em> mean you have much higher vehicle insurance costs. The website of the Insurance Corporation of BC (ICBC) has more on this at [http://www.icbc.com/driver-licensing/tickets/Pages/Driver-Risk-Premium.aspx www.icbc.com/driver-licensing/tickets/Pages/Driver-Risk-Premium.aspx].</p> | ||