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{{Dial-A-Law | {{REVIEWEDPLS | reviewer = [https://jcarrlawyers.com/lawyers/ Jeremy Carr], Jeremy Carr & Associates|date= May 2018}} {{Dial-A-Law TOC|expanded = crime}} | ||
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. | 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. | ||
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{| class="wikitable" | {| class="wikitable" | ||
|align="left"|'''Tip''' | |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 — see our information on [[ | 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 (No. 190)|impaired driving (no. 190)]]. | ||
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====Administrative driving prohibition==== | ====Administrative driving prohibition==== | ||
Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html#sec94.1_smooth 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 [[ | Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html#sec94.1_smooth 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 (No. 190)|impaired driving, no. 190]].) | ||
===A criminal conviction can prohibit you from driving=== | ===A criminal conviction can prohibit you from driving=== | ||
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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. | 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 ( | For a description of what to expect from the process, see our information on [[Traffic Tickets (No. 194)|traffic tickets (no. 194)]]. | ||
===If you’re sentenced for driving while prohibited=== | ===If you’re sentenced for driving while prohibited=== | ||
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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. | 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 ( | 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 (No. 187)|the points system and ICBC, no. 187]].) | ||
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. | 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. | ||
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:Web: [https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/driver-medical/improvement-programs-for-high-risk-drivers/administration-of-the-driver-improvement-program gov.bc.ca/driving] | :Web: [https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/driver-medical/improvement-programs-for-high-risk-drivers/administration-of-the-driver-improvement-program gov.bc.ca/driving] | ||
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