Impaired driving, over 80 & refusal
Charged with impaired driving on Vancouver Island?
If you have been charged with impaired driving, over 80, or a breath-sample refusal, or handed an Immediate Roadside Prohibition at the side of the road, the clock is already running. What you do in the first week can shape everything that follows. Here is what you are facing, and the first moves that protect you.
You may have as few as 7 days. The deadline to apply for a review of a roadside prohibition is 7 days from the day it was served. It is 7 calendar days, not business days, and it cannot be extended. Do nothing, and the prohibition stands.
You may be facing two cases, not one
An impaired driving stop in British Columbia can set off two separate processes at once, and people miss this. The first is the criminal charge under the Criminal Code, impaired operation, over 80, or refusal, which goes to court. The second is the Immediate Roadside Prohibition, a provincial driving ban handed to you at the roadside and dealt with by RoadSafetyBC, not the courts.
They run on different tracks, with different rules and different deadlines. Both need answering, and answering one does not take care of the other.
What a roadside prohibition costs you
A Fail reading usually means an immediate 90-day driving prohibition and a 30-day vehicle impoundment, on the spot. On top of that come monetary penalties, a licence reinstatement fee, and often the Responsible Driver Program and an ignition interlock before you drive again. The costs stack up quickly, and they land before you have had a single day in court.
Why the first 7 days matter
The review of a roadside prohibition has a hard deadline of 7 days from the day you were served. There are two ways to ask for a review, a written one and an oral one by phone, and each carries a fee. The grounds are narrow and technical, which is exactly why the deadline catches people. By the time most think to get advice, the window has closed. Do not let it close on you.
How these cases are often won
Impaired driving cases are often won on the procedure the Crown and the police assume no one will check. Was the demand made lawfully. Was the approved instrument working and properly calibrated. Was the breath sample taken the way the law requires. Were you told your right to a lawyer, and were you given a real chance to use it.
Each of these is a place a case can turn. I read the disclosure line by line looking for the ones that matter, and I do not assume the file is what the Crown says it is.
What to do right now
- Say less. You have the right to remain silent and the right to speak to a lawyer. Use both.
- Write it down. Note everything you remember about the stop while it is fresh: the time, the words used, the device, any delays.
- Mark the clock. Count 7 days from the day your prohibition was served. That is your review deadline.
- Call. The first conversation is free and confidential.
Talk to Neil before the window closes.
Impaired driving defence in Victoria, Nanaimo, Duncan, and across Vancouver Island. The first call is free and confidential, and you will get a straight read on where you stand.
Common questions
Is an Immediate Roadside Prohibition a criminal charge?
No. It is a provincial driving ban handled by RoadSafetyBC, not the courts. It can run at the same time as a separate criminal charge under the Criminal Code, so you may be dealing with two processes at once.
How long do I have to dispute a roadside prohibition?
You have 7 days from the day it was served to apply for a review. It is 7 calendar days, not business days, and the deadline cannot be extended. If you do nothing, the prohibition stands.
Will I lose my licence right away?
A Fail reading usually means an immediate 90-day driving prohibition and a 30-day vehicle impoundment, along with monetary penalties and a reinstatement fee before you can drive again.
Do I need a lawyer for the review?
You can apply yourself, but the grounds are narrow and technical and the 7-day deadline is strict. Getting advice quickly, before the window closes, is the safest move.
What does the first call cost?
Nothing. The first conversation is free and confidential. Call (250) 661-1893.