Most drinking and driving stops in British Columbia end with an Immediate Roadside Prohibition (IRP). An IRP is an administrative penalty under BC’s Motor Vehicle Act. It is not a criminal charge, but it starts the moment police serve it: you lose the right to drive, your vehicle may be impounded, and the costs begin to add up right away.
Police can also lay criminal charges under the federal Criminal Code, or serve an Administrative Driving Prohibition instead of an IRP. This guide covers the IRP itself. For the court side, see BC impaired driving criminal charges.
How an IRP starts
Police can demand a breath sample on an approved screening device at the roadside. Since 2018, police can demand a breath sample from any driver they have lawfully stopped, even without suspecting alcohol. The reading decides which IRP tier applies.
IRP Warn and IRP Fail
| Result | First IRP | Second within 5 years | Third within 5 years |
|---|---|---|---|
| Warn (BAC 0.05 or more) | 3-day prohibition, possible 3-day impoundment, $200 penalty | 7-day prohibition, possible 7-day impoundment, $300 penalty | 30-day prohibition, 30-day impoundment, $400 penalty |
| Fail (BAC 0.08 or more) | 90-day prohibition, 30-day impoundment, $500 penalty | same | same |
| Refusal to provide a sample | 90-day prohibition, 30-day impoundment, $500 penalty | same | same |
A $250 licence reinstatement fee applies on top of each penalty. RoadSafetyBC estimates the total cost (before taxes and insurance increases) at about $600 for a first Warn, $780 for a second, $1,330 for a third, and $1,430 for a Fail or refusal. These totals include towing based on a 10 km tow and the impoundment.
Remedial programs
After a 3-, 7-, 30- or 90-day prohibition, RoadSafetyBC may require you to complete the Responsible Driver Program and the Ignition Interlock Program. These programs can cost more than the IRP itself. See BC DUI penalties, impoundment, RDP and interlock.
You have 7 days to apply for a review
You can challenge an IRP by applying for a review. You have only 7 days from the date the prohibition was served to apply, pay the fee in full and book a review date. Read how the IRP review works before the deadline passes.
Why speak with a lawyer
An IRP can follow you: it goes on your driving record, can raise insurance costs and can count toward a longer prohibition next time. A lawyer can tell you whether the roadside test was handled properly, whether a written or oral review makes sense, and whether criminal charges are also likely.
Frequently asked questions
An IRP Fail is a 90-day driving prohibition with a 30-day vehicle impoundment, a $500 administrative penalty and a $250 licence reinstatement fee.
No. An IRP is an administrative penalty under BC's Motor Vehicle Act, not a criminal conviction. Police can still lay separate Criminal Code charges.
You have 7 days from the date the prohibition was served to apply for a review, pay the fee and book a review date.
RoadSafetyBC estimates about $600 before taxes, including a $200 penalty, a $250 reinstatement fee, towing and impoundment.
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This article is general information about British Columbia and Canadian impaired driving law as of October 2026. It is not legal advice. Penalties, fees and procedures can change; speak with a lawyer about your situation.
Sources: Government of British Columbia, RoadSafetyBC, Alcohol-related driving prohibitions; Apply for a review of a driving prohibition; Responsible Driver Program; Ignition Interlock Program; Department of Justice Canada, Impaired driving laws.
