Impaired driving
Impaired driving is a serious offence with significant penalties. In BC, most cases are now dealt with through immediate roadside penalties rather than criminal charges — but both are possible. Here's what to expect if you're stopped or charged.
What you should know
It's also an offence to drive with a blood-alcohol level at or over .08, whether or not you seem impaired.
A blood-alcohol level over .05 (50 milligrams of alcohol in 100 millilitres of blood) can bring an immediate roadside driving ban, even though it's below the criminal limit.
Police often issue an immediate roadside prohibition on the spot instead of laying a criminal charge. They tend to reserve criminal charges for more serious cases — an accident, injury or death, or a repeat offender.
Common questions
Yes. If police lawfully stop you and have an approved screening device (ASD) with them, they can demand a breath sample — they don't need to suspect you've been drinking. This is called mandatory alcohol screening, and it has applied across Canada since 2018.
You have to decide right away whether to blow. You don't have the right to speak to a lawyer first. Refusing to blow, or not giving a proper sample, is itself an offence and can bring the same penalties as a fail result.
Make your best genuine attempt to blow. A genuine attempt that doesn't produce a sample is not an offence — but a refusal is.
The screening device shows one of these results:
Warn — a blood-alcohol level over .05.
Fail — a blood-alcohol level at or over .08.
If you get a warn or fail, you have the right to a second test on a different device. You get the benefit of the lower of the two readings. Police must tell you about this right before issuing a prohibition.
Police can issue an immediate roadside prohibition (IRP) on the spot. It takes effect right away, and its length depends on the reading and your history over the past five years.
Screening result | Prohibition | Vehicle impound | Penalty | Reinstatement fee | Approx. total* |
|---|---|---|---|---|---|
Warn — 1st | 3 days | 3 days | $200 | $250 | ~$600 |
Warn — 2nd (in 5 yrs) | 7 days | 7 days | $300 | $250 | ~$780 |
Warn — 3rd (in 5 yrs) | 30 days | 30 days | $400 | $250 | ~$1,330 |
Fail (or refusing to blow) | 90 days | 30 days | $500 | $250 | ~$1,430 |
* Includes estimated towing and storage (based on a 10 km tow of a standard vehicle) but not taxes or higher insurance premiums. You may also be referred to remedial programs, which cost more.
On top of these costs, a fail or repeat warn may mean the Responsible Driver Program, an ignition interlock device, and an ICBC driver risk premium, all of which involve more costs.
Yes. If police have reasonable grounds to believe alcohol or a drug has affected your ability to drive, they can issue a 24-hour prohibition without testing you. If you believe alcohol hasn't affected your driving, you can ask to be tested on a screening device instead — but a warn or fail result can then be used against you.
If a screening device shows a fail, police may take a further step. Under the Criminal Code, if they have reasonable grounds to believe you're impaired or at or over .08, they can demand you take a breathalyzer test — a more precise instrument, usually at the police station. Two valid samples are needed.
Police can charge you with any of three Criminal Code offences:
Impaired driving — your ability to drive was impaired by alcohol or a drug (to any degree).
Over .08 — a blood-alcohol level at or over .08 within two hours of driving.
Refusing to blow — failing or refusing, without a reasonable excuse, to give a breath or blood sample.
These offences apply to cars, boats, planes and other vehicles. They can also apply even if you weren't moving — if you had care or control of the vehicle. You can have care or control while parked, if you were in the driver's seat with access to the keys.
If you're criminally charged, police typically also issue a 24-hour prohibition immediately and a 90-day administrative driving prohibition (ADP). The ADP is separate from the criminal case. You have only seven days to apply for a review, so act quickly — and don't assume you can keep driving in the meantime; check your notice, which says when your prohibition starts.
Once police demand a breathalyzer, you're legally detained. Before you give samples, police must:
Tell you about your right to a lawyer and your other Charter rights.
Give you a real chance to reach a lawyer of your choice, in private — a private lawyer or free duty counsel through legal aid.
Stop trying to get evidence from you until you've had that chance.
You have the right to remain silent. You don't have to tell police whether or how much you drank, and you shouldn't discuss your case with them. Your silence can't be used against you in court.
If a medical condition means you can't give a breath sample, police may require a blood sample taken by a qualified professional — and you have the right to speak to a lawyer first. If you're unconscious, police need a warrant.
Yes. You can ask RoadSafetyBC to review an IRP or ADP, but you must apply within seven days of getting the notice. Late applications aren't accepted.
Apply online, or in person at any ICBC driver licensing office.
You pay a fee — less for a written review, more for an oral one (an oral hearing is an option for 30- and 90-day prohibitions).
The onus is on you to show the prohibition should be cancelled.
Hardship isn't a valid argument (for example, that you need to drive for work). Arguments that can succeed include that the test results were unreliable, or that a medical condition inflated your reading.
You'll get the police report and can submit a written statement (up to 30 pages) and evidence up to 48 hours before the hearing. A decision usually comes within about 21 days. You can't drive during the review. For more on the review process, see RoadSafetyBC’s driving prohibition review policies.
A criminal conviction is far more serious than an IRP. It brings a permanent criminal record — a judge can't grant a discharge.
First offence
Offence | Minimum fine | Driving prohibition |
|---|---|---|
Impaired driving or over .08 | $1,000 | 1 to 3 years |
Refusing to blow | $2,000 | 1 to 3 years |
Higher readings or an accident can push the sentence up.
Repeat offences bring jail
A repeat offence will bring a jail term of at least 30 days for a second, and at least 120 days for each one after that. Prohibitions also grow — three to five years for a second conviction, and a lifetime ban for a third or later.
A conviction also means higher insurance premiums through ICBC's driver risk premium program, and the record stays on your criminal and driving record permanently.
Yes. A learner (L) or novice (N) driver with any alcohol, THC or cocaine in their body can get a 12-hour licence suspension — there's no review of it. They also have to restart their current licensing stage (for example, a novice driver starts the 24-month N period over). A new driver who blows over .05 faces the same consequences as a fully licensed driver on top of that.
If you were in an accident, you may be personally responsible for all the costs ICBC pays out, and your insurer may deny coverage. Killing or injuring someone while impaired always brings a jail term, and you risk being sued.
Prohibitions, fines, jail and insurance penalties apply to the driver. But some costs fall on the owner — if the car is impounded, you pay the towing and storage, and after an accident you can face significant costs. Think carefully before lending your car to someone who may drink and drive.
Who can help
Impaired driving cases are technically complex, and a conviction can seriously affect you. Some lawyers specialize in these cases.
BC Legal Referral Service
Helps you connect with a lawyer, notary or paralegal for a free 15- to 30-minute consult to see if you want to hire them.
Legal Aid BC
Provides free legal help in criminal, family, and immigration matters to those who meet financial guidelines.
Duty counsel for criminal matters
Free lawyers at the courthouse who give on-the-spot legal advice to people with a case there that day.
This information from People’s Law School explains in a general way the law that applies in British Columbia, Canada. The information is not intended as legal advice. See our disclaimer.