Impaired Driving: Difference between revisions
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→b. 24-hour driving prohibition and vehicle impoundment
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====b. 24-hour driving prohibition and vehicle impoundment==== | ====b. 24-hour driving prohibition and vehicle impoundment==== | ||
Instead of issuing an IRP, police can prohibit you from driving for 24 hours and impound your vehicle if they have reasonable and probable grounds to believe your ability to operate a vehicle is affected by alcohol, drugs, or both. They do not have to test your blood-alcohol level. If you disagree, you can ask for a breath test on an ASD. But police can use the ASD results to issue an IRP or to hold you for a criminal investigation. | Instead of issuing an IRP, police can prohibit you from driving for 24 hours and impound your vehicle if they have reasonable and probable grounds to believe your ability to operate a vehicle is affected by alcohol, drugs, or both. They do not have to test your blood-alcohol level. If you disagree, you can ask for a breath test on an ASD. But police can use the ASD results to issue an IRP or to hold you for a criminal investigation. | ||
<p>This prohibition goes on your driving record. You cannot appeal the impoundment. But you can ask for a review to have the driving prohibition removed from your driving record in 2 cases: if the police failed to do a breath test when you asked or you were not the driver or did not have care or control of the vehicle. You have 7 days from the prohibition to apply for the review. The Superintendent cannot review a 24-hour prohibition for drug impairment. The only possible review of that is by a petition to BC Supreme Court.</p> | <p>This prohibition goes on your driving record. You cannot appeal the impoundment. But you can ask for a review to have the driving prohibition removed from your driving record in 2 cases: if the police failed to do a breath test when you asked or you were not the driver or did not have care or control of the vehicle. You have 7 days from the prohibition to apply for the review. The Superintendent cannot review a 24-hour prohibition for drug impairment. The only possible review of that is by a petition to BC Supreme Court.</p> | ||