BC IRP Explained: Your Rights and Next Steps After a Roadside Suspension
If you've been issued an Immediate Roadside Prohibition (IRP) in British Columbia, the situation can feel overwhelming, stressful, and confusing. The IRP system in BC is part of the province’s administrative approach to impaired driving, designed to remove unsafe drivers from the road swiftly. Unlike criminal charges, IRPs are administrative sanctions, but the consequences can still be severe.
Here’s a step-by-step guide to understanding and navigating an IRP.
What Is an Immediate Roadside Prohibition?
An IRP is a penalty issued by police when a driver fails or refuses a breathalyzer test. It can be issued under BC’s Motor Vehicle Act for driving with a Blood Alcohol Concentration (BAC) of 0.05 or more, or for refusing to provide a breath sample. IRPs can also be issued for drug impairment based on police assessment, though those are less common and follow different procedures.
There are three main levels of IRPs:
3-day prohibition
7-day prohibition
30- or 90-day prohibition
Penalties can include:
Immediate driving prohibition
Vehicle impoundment
Monetary fines
Mandatory alcohol education programs
Ignition interlock requirements
Step 1: Understand the Notice You’ve Received
The police officer will provide a Notice of Driving Prohibition, which takes effect immediately. It’s essential to read this document carefully. It will outline:
The duration of the prohibition
Whether your vehicle is impounded
How to request a review
Deadlines for action
You have only 7 days from the date of the IRP to apply for a review through RoadSafetyBC. Missing this deadline will generally forfeit your chance to dispute the prohibition. Keep in mind this is not 7 business days rather it is simply 7 days.
Step 2: Decide Whether to Challenge the IRP
You have the right to challenge the IRP by filing a written review application. Grounds for review include:
You were not the driver
You were not impaired or did not refuse a test
The Approved Screening Device (breathalyzer) was not functioning properly
The test was not administered correctly
Charter violations
You can apply online, by mail, or in person at an ICBC driver licensing office. A non-refundable fee is required ($100 for a written review or $200 for an oral hearing by phone).
Step 3: Gather Evidence
If you decide to challenge the IRP, start gathering evidence immediately. This might include:
A detailed written account of the incident
Witness statements
Photos or video
Receipts showing alcohol consumption
Expert reports
Legal representation is highly recommended. IRP reviews are complex, and the legal standard is not the same as a criminal charge.
Step 4: Submit Your Review and Attend the Hearing
Once you've submitted your review and supporting materials, the adjudicator from RoadSafetyBC will assess your case. If you’ve chosen an oral hearing, be prepared to explain your side and respond to questions. These hearings are conducted over the phone and typically last around 30–60 minutes.
The adjudicator’s decision will be mailed or emailed to you within 21 days. If the IRP is upheld, the driving prohibition and all penalties remain in effect.
Step 5: Serving Your Prohibition and Reinstating Your License
If you do not challenge the IRP or if your challenge is unsuccessful, you must:
Complete the prohibition period
Pay all associated fines
Complete any required programs (such as the Responsible Driver Program)
Possibly install an ignition interlock device
Apply for license reinstatement through ICBC
Reinstatement is not automatic. You may need to take additional steps depending on your driving history and the severity of the IRP.
If you’ve received an IRP, call legal counsel without hesitation. The timelines are short and rigid.
This article is provided for general informational purposes only and does not constitute legal advice. No legal relationship is formed by reading or relying on this content.
If you’d like to learn more about a immediate roadside prohibitions or need guidance on any legal issue, reach out to Zachary Dallman for a free consultation. Book or contact Zachary directly at zachary@zacharydallmanlaw.ca or 778.653.6163.