Difference between revisions of "Motor Vehicle Offences for Drugs and Alcohol (13:IX)"

If you register in the WARN (.05) range, the police may, at their discretion:

*Seize your driver’s license

*Issue you a 'Notice of Prohibition' which will start immediately – removing your driving privileges – the length of which depends on prior IRP convictions (if any)

**3-day driving prohibition if it is the first time caught in the warn range

**7-day driving prohibition if it is the second time caught in the warn range within five years; or

**30-day driving prohibition if it is the third time caught in the warn range within five years.

*Not the driver or in care or control of a motor vehicle;

*Not advised of right to a second test on an ASD;

*Requested second test, but the officer did not perform the test;

*Second test was not performed on a different ASD;

*Prohibition was not served on the basis of the lower ASD result;

*The result of the ASD was not reliable;

*The ASD, which formed the basis of the prohibition, did not register a WARN or FAIL reading;

*The ASD registered a WARN, but the blood alcohol content was less than .05;

*The ASD registered a FAIL, but the blood alcohol content was less than .08;

*Prohibition should be reduced because did not have any previous IRPs; or

*Did not refuse or fail to comply with a demand to provide a breath sample, or had a reasonable excuse for refusing or failing to comply with a demand.

Possible review outcomes include:

# Driving prohibition revoked: will be advised to reapply for driver’s license. The reinstatement fees and monetary penalties will be waived or refunded, however any outstanding debts owed to the province or ICBC must be paid.

# Driving prohibition confirmed: terms of driving prohibition will remain unchanged.  

*A driver who has 2 to 5 ng of THC per mL of blood risks a fine of up to $1000 and a criminal conviction;

*A driver who has over 5 ng of THC per mL of blood is considered impaired and risks facing a criminal conviction, a $1000 fine and a one-year driving prohibition; and

*A driver who has a combination of THC above 2.5 ng per mL of blood and a blood alcohol concentration of over 50 mg% of alcohol per 100 mL of blood is also considered impaired and risks facing a criminal conviction, a $1000 fine and a one-year driving prohibition.

Under Criminal Code s 320.19(1), impaired driving is a hybrid offence. For both summary and indictment, the minimum punishments are the same:  

*(i) for a first offence, a fine of $1,000,

*(ii)  for a second offence, a term of imprisonment for a term of 30 days, and

*(iii) for each subsequent offence, imprisonment for a term of 120 days.