Provincial roadside consequences and criminal charges are different
B.C. uses provincial driving-prohibition schemes in addition to the federal Criminal Code. A roadside event may result in an Immediate Roadside Prohibition or another administrative prohibition, while some incidents also lead to a criminal impaired-driving charge. The documents served on the driver determine what process applies.
A seven-day review deadline can apply
RoadSafetyBC states that a person served with a 3-, 7-, 30- or 90-day driving prohibition must apply for a review within seven days of service. B.C.'s Motor Vehicle Act also sets a seven-day application period for review of an Immediate Roadside Prohibition. If you intend to challenge a prohibition, do not wait until the prohibition is nearly over before checking the deadline.
Current review information is available from RoadSafetyBC.
Read the paperwork line by line
Keep the notice of prohibition, temporary licence information, vehicle-impound documents, police paperwork and any appearance notice. Record when and where each document was served. If a breath sample, blood sample or refusal allegation is involved, tell counsel exactly what occurred rather than trying to reconstruct the legal significance yourself.
Criminal impaired-driving proceedings
Impaired driving is also addressed by the federal Criminal Code. A criminal prosecution follows the criminal court process and can involve disclosure, appearances, plea decisions and trial issues. The Provincial Court's initial-appearance guidance makes clear that the first appearance is generally brief and is not the trial.
Practical consequences can extend beyond court
A prohibition may affect work, childcare and other transportation needs immediately. Vehicle impoundment, licence reinstatement requirements, insurance consequences and remedial programs may also be relevant depending on the type of prohibition and driving history. Use current RoadSafetyBC and ICBC information rather than assuming the consequences from someone else's case are the same.
What to organize for a lawyer
- Every police and RoadSafetyBC document.
- The exact date and time you were served.
- A chronology of the stop and testing process.
- Upcoming court dates, if criminal charges were laid.
- Information about any prior driving prohibitions that may be relevant.
- Employment or licensing consequences that create urgency.
Related guides
See Burnaby criminal law for the broader criminal process and assault charges for another common Provincial Court matter. Our finding a lawyer guide explains how to verify a B.C. lawyer's practising status before retaining counsel.