Impaired Driving

Impaired Driving is on the rise. In B.C., it kills over 100 people and injures more than 3,000 each year. Every one of these tragedies is entirely preventable.

B.C. has the toughest provincial impaired driving legislation in the country. If you drink and drive you can count on administrative sanctions adding up to between $600 and $4,060 – even if it’s the first time you’re caught – and more time off the road.

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 millilitres of blood. For more information on BAC and alcohol and drug effects on the body see, Alcohol, Drugs and Impaired Driving [PDF].

 

 

Administrative Sanctions

Immediate Roadside Prohibitions (IRPs)

Administrative sanctions will apply if:

  • You are caught driving with a blood-alcohol content (BAC) between 0.05 and 0.08, or
  • Your BAC is above 0.08, or
  • You refuse to provide a breath sample.

If a police officer suspects you are driving impaired, he or she will ask you to provide a breath sample at the roadside, into a roadside screening device. Depending on the BAC in the sample, the device will either indicate Pass, Warn or Fail.

PASS means your breath sample contains a BAC below 0.05

WARN means your breath sample is between 0.05 and 0.08 BAC. If you are caught in this range:

The first time within a five-year period:

  • You will lose your driver’s licence immediately, for three days.
  • You may also lose your vehicle for three days. If you do, you will pay all related towing and storage fees.
  • You will pay a $200 monetary penalty and a $250 driver’s licence reinstatement fee.

The second time within a five-year period:

  • You will lose your driver’s licence immediately, for seven days.
  • You may also lose your vehicle for seven days. If you do, you will pay all related towing and storage fees.
  • You will pay a $300 monetary penalty and a $250 driver’s licence reinstatement fee.

The third time within a five-year period:

  • You will lose your driver’s licence and your vehicle immediately, for 30 days.
  • You will pay all related towing and storage fees.
  • You will pay a $400 monetary penalty and a $250 driver’s licence reinstatement fee.
  • To regain your driving privileges, you will have to complete the Responsible Drivers Program [PDF] and have to use an Ignition Interlock Device [PDF] whenever you drive, for one full year, following your driving suspension.

FAIL means your BAC is above 0.08. If you fail or refuse to provide a breath sample:

  • You will immediately lose your driver’s licence for 90 days and your vehicle for 30 days.
  • You will pay all related towing and storage fees.
  • You will pay a $500 monetary penalty and a $250 driver’s licence reinstatement fee.
  • To regain your driving privileges, you will have to complete the Responsible Drivers Program [PDF] and have to use an Ignition Interlock Device [PDF] whenever you drive, for one full year, following your driving suspension.
  • In all, you will face administrative consequences that will cost you about $4,060 before you can legally operate a motor vehicle again in B.C.
  • You may also face charges under the Criminal Code of Canada.

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Other Sanctions . . .

 

Under some circumstances, police may issue other sanctions.

24-hour Prohibitions
When a police officer has reasonable and probable grounds to suspect driver impairment, he or she may issue an immediate 24-hour driving prohibition. Additionally, at their discretion, an officer may also impound the vehicle for 24 hours. 24-Hour prohibitions will usually be applied in cases of either drug impairment or a combination of drug and alcohol impairment. These sanctions to not require a breath test.

Administrative Driving Prohibitions (ADPs)
ADPs are 90-day driving prohibitions. ADPs can be served to individuals suspected of impaired driving who either refuse a breath test or provide a sample on an Approved Instrument (AI) that demonstrates a BAC greater than 0.08 (either while driving, or up to three hours after driving). After serving an ADP, applying to renew driving privileges includes paying a license reinstatement fee of $250. ADPs are separate from any court-ordered sanctions resulting from criminal charges arising from the same incident.

Remedial Programs

For circumstances that trigger referral into remedial programs, see:

Criminal Code Charges

It is an offence under the Criminal Code of Canada to drive while impaired by alcohol, drugs or a combination of both. The criminal threshold is 0.08 BAC. Police can demand that suspected impaired drivers provide a breath sample into an ASD and/or perform a physical coordination test. Failure or refusal to comply is also a criminal offence.

Upon criminal conviction of impaired driving charges in B.C., drivers are subject to court-ordered consequences, which include a $1000 fine, a driving prohibition independent from any administrative prohibitions, and possible jail time

Table – Criminal Code Consequences

First Conviction Second Conviction Subsequent Convictions
Court-ordered Driving Prohibition 1 – 3 years 2 – 5 years 3 – 5 years
Minimum Fine / Imprisonment $1,000 30 days imprisonment 120 days imprisonment

NOTE: offenders convicted under section 224 of the Motor Vehicle Act face punishment of a $100 – $2000 fine, or seven days to six months imprisonment, or both.

Additionally, criminally convicted drivers face referral into B.C.’s Indefinite Licence Suspension Program [PDF - Factsheet].

If they do regain their driving privileges, they will be required to participate in remedial programming as well as face increased insurance premiums.

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Graduated Licensing Program (‘L’ and ‘N’ drivers) – Driver Consequences

Graduated Licensing Program (GLP) drivers who demonstrate BAC levels greater than zero but less than 0.05, or who police suspect have any level of alcohol or drugs in their system face the following consequences:

  • 12-hour immediate roadside Licence Suspension (24-hour for drugs).
  • Automatic driving record review by the OSMV and further driving prohibitions according to the Driver Improvement Program (DIP) guidelines.
  • Driver’s Licence Reinstatement Fee of $250 following any DIP prohibitions.

GLP drivers who blow a WARN or FAIL are subject to the regular impaired driving sanctions, in addition to their GLP-specific consequences and reviews.

 

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