Driving While Impaired
Revisions to the IRP program are now in effect
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News Release
Watch the above video for information on the new changes.
Overview
Impaired driving is a leading cause of death on the roads, and is the number one criminal cause of death in B.C. Every year in British Columbia, thousands of people operate a motor vehicle while under the influence of alcohol and / or other drugs which impair their ability to drive. This is a serious concern because impaired driving significantly increases the risk of motor vehicle collisions that result in injuries and/or fatalities.
Blood Alcohol Content (BAC)
A unit measuring the amount of alcohol in the body. E.g., 0.05 BAC = 50 milligrams of alcohol per 100 milliliters of blood.
Two Laws Addressing Impaired Driving
FEDERAL LAW
The Criminal Code of Canada (s. 249 - 261) states it is a criminal offence to operate a motor vehicle (whether in motion or not) while impaired (that is, with a blood alcohol content exceeding eighty milligrams of alcohol in one hundred millilitres of blood (0.08 BAC); and / or impaired by a drug). If police have reasonable grounds to believe a person is committing, or at any time within the preceding three hours has committed this offence, they may request the person submit a blood and / or breath sample. It is also an offence to fail or refuse to comply with the request without a reasonable excuse.
For criminal offences to become criminal convictions, under the Criminal Code, police need to lay charges and those charges need to be prosecuted through the court system. The consequences for convicted offenders are determined by judges and can include jail time, monetary penalties, driving prohibitions and restrictions.
PROVINCIAL LAW
The Motor Vehicle Act has authority over and regulates drivers and vehicles on B.C. roads. If an Approved Screening Device indicates a driver, with care or control of a motor vehicle, has a Blood Alcohol Content (BAC) above 0.05 mg/100ml they can be served with an Immediate Roadside Prohibition from driving.
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How Alcohol and / or Drugs Affect your Ability to Drive
Download the Alcohol, Drugs and Impaired Driving which outlines the factors that can lead to impairment, discusses how alcohol and drugs affect your ability to drive, and the importance of making safe choices.
Impaired Indicators and Roadside Screening Devices
Peace officers (usually Police) are trained to recognize signs of driver impairment. Examples can include erratic driving, slurred speech, smell of liquor on breath, bloodshot eyes and unsure balance. If an officer has reasonable suspicion to believe a driver may be under the influence of alcohol, he or she can request a breath sample using an Approved Screening Device (ASD) to determine a driver’s Blood Alcohol Content (BAC).
The ASD measures the concentration of alcohol in a person’s blood. The device samples deep lung air by using infra-red light providing results in milligrams of alcohol per 100 millilitres of blood. If an officer believes you are operating a motor vehicle while impaired, you will be asked to exhale into a sterile, disposable plastic mouthpiece connected to the ASD.
- If you refuse to provide a sample for analysis; it is an offence under the Motor Vehicle Act. You will receive the same IRP sanctions or face criminal charges just as if you did provide a breath sample that resulted in a FAIL (BAC greater than 0.08).
- If you are unable to give a sample (e.g., due to injuries suffered at the time), police can request blood samples from an attending medical doctor or nurse.
The ASD will indicate a digital BAC reading from 0-0.49, a WARN or a FAIL (more information below).
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You've Been Pulled Over by Police
You could have been pulled over as you were displaying signs of impairment; but often impaired drivers are caught due to random roadside vehicle checks or during CounterAttack awareness campaigns which are enhanced police enforcement to curtail impaired driving.
If the police have reasonable and probable grounds to believe you are driving impaired, you may, without a breath test:
- Immediately lose your licence, prohibiting you from driving for 24 hours.
- Immediately see the vehicle you are driving impounded for 24 hours — whether it is your vehicle or not.
These immediate, roadside sanctions apply to drivers who are alcohol impaired, drug impaired or both.
If a peace officer asks you to provide a breath sample at the roadside into an Approved Screening Device, here is what you can expect to happen depending on the results of the breath-test
Digital Reading of 0-.049
WARN
Your breath sample contains a BAC of not less than 0.05, the following consequences will occur:
- Your driver's licence is seized immediately, prohibiting you from driving for three days.
- The vehicle you are driving may be impounded for three days; and if so, you are responsible for all towing and vehicle storage costs.
- You are required to pay a $200 administrative penalty.
- You have to apply to have your driver's licence reinstated and pay the licence reinstatement fee as well as any other outstanding debts to ICBC or the Government of BC if you wish to drive again.
- Your driver's licence is seized immediately, prohibiting you from driving for seven days.
- The vehicle you are driving may be impounded for seven days; and if so, you are responsible for all towing and vehicle storage costs.
- You are required to pay a $300 administrative penalty.
- You have to apply to have your driver's licence reinstated and pay the licence reinstatement fee as well as any other outstanding debts to ICBC or the Government of BC if you wish to drive again.
- Your driver's licence is seized immediately, prohibiting you from driving for 30 days.
- The vehicle you are driving is impounded immediately, for 30 days, and you are responsible for all towing and storage costs.
- You are required to pay a $400 administrative penalty.
- You may be required to pay for and complete the Responsible Driver Program.
- You may be required to pay for and participate in the Ignition Interlock Program whenever you drive, for at least one full year, following your driving prohibition.
- You have to apply to have your driver's licence reinstated and pay the licence reinstatement fee as well as any other outstanding debts to ICBC or the Government of BC if you wish to drive again.
FAIL, REFUSAL or FAIL TO PROVIDE
If your breath sample produces a FAIL result on the ASD (BAC above 0.08), or you refuse or fail to provide a breath sample, a peace officer will issue a 90-day Immediate Roadside Prohibition (IRP) or at the officer’s discretion, proceed by way of a Criminal Code charge.
If you are issued a 90-day IRP the following consequences will occur:
- Your driver's licence is seized immediately, prohibiting you from driving for 90 days.
- The vehicle you are driving will be impounded for thirty days; you are responsible for all towing and storage costs.
- You are required to pay a $500 administrative penalty.
- You may be required to pay for and complete the Responsible Driver Program.
- You may be required to pay for and participate in the Ignition Interlock Program whenever you drive, for at least one full year, following your driving prohibition.
- You have to apply to have your driver's licence reinstated and pay the licence reinstatement fee as well as any other outstanding debts to ICBC or the Government of BC if you wish to drive again.
See Also, Immediate Roadside Prohibition Penalties
If police proceed by way of a Criminal Code charge police will:
- Issue you an immediate 24-hour driving prohibition, and may tow/impound your vehicle.
- Detain you for further breathalyser testing at the police station, and on further confirmed testing of a BAC over 0.08, issue a 90-day Administrative Driving Prohibition (if you refuse to provide a sample of your breath you will be issued an Administrative Driving Prohibition at roadside).
- Charge you under the Criminal Code of Canada (s.249-261).
Upon criminal conviction of impaired driving, you are subject to:
- Court ordered consequences, which include a minimum $1,000 fine, a driving prohibition and possible jail time.
- The Superintendent of Motor Vehicles may also require drivers who have received an impaired driving Criminal Code conviction and/or administrative driving prohibition(s) to pay for and complete the Responsible Driver Program and/or the Ignition Interlock Program.
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Motor Vehicle Incidents and Driving Impaired
If a peace officer suspects you were the driver of a vehicle in a motor vehicle incident they can request you attend the police station where they will pursue a criminal investigation. Police may also issue an administrative driving prohibition separate from any court-issued penalties which may be imposed after the criminal proceedings.
Driving Drug Impaired
In the case of suspected drug-impairment, a peace officer may conduct a standard field sobriety test on the driver of the vehicle. A failing performance of this test is grounds to impose impaired driving sanctions (such as 24-hour prohibition). Depending on how impaired the driver appears, he or she may be subject to a drug recognition evaluation by a specialized drug recognition expert – this evaluation is much more detailed and is used by police as evidence in order to lay drug impaired driving charges under the Criminal Code of Canada.
Driving Impaired While in the Graduated Licensing Program
Graduated Licensing Program (GLP) drivers who demonstrate blood alcohol content levels greater than zero but less than 0.05, or who police suspect have drugs in their system face the following additional consequences:
- Immediately receive a 12 hour license suspension for alcohol impairment (24 hours for drug impairment).
- Have their driving record reviewed by the Superintendent and may be issued further driving prohibitions. For more information see the Driver Improvement Program page on this site.
- Will have to apply to reinstate their driver’s licence after any prohibition longer than 24 hours and pay the license reinstatement fee.
- Novice drivers will start over at the beginning of their 24-month (N) licensing period. Learners will reattempt all testing.
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