Our actions, whether good or bad, have consequences.
Driving while impaired or intoxicated can have severe ramifications on your criminal and driving record. Immediate driving suspension occurs when a member of law enforcement, like a police officer, instantly retains your driver’s license for driving while intoxicated. This suspension prohibits you from operating motor vehicles for an extended period. It can also include penalties like fines, jail time or participation in a rehabilitation program.
It is crucial to obey traffic laws and maintain road safety. Having your license suspended is a challenging experience, and the effects can be severe and long-lasting. If your license has been suspended, it is wise to retain a criminal lawyer to resolve your legal issues.
Reasons for Immediate Driving Suspension
Driving is a privilege that comes with great responsibility. The purpose of immediate driving suspension is to protect the safety of other motorists and pedestrians and deter dangerous driving behaviour. The measure is typically enforced for one or more of the following reasons:
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Impaired driving:
driving under the influence of legal or illegal drugs or alcohol.
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Refusal to comply:
abstaining from taking a breath or blood sample during a roadside stop.
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Excessive speeding:
exceeding the speed limit by a significant margin.
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Careless or dangerous driving:
driving without due care or attention, failing to yield or driving in a way that endangers other road users.
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Medical reasons:
when a person has a medical condition that may pose a risk to the safety of others on the road.
How Long Can My Driver’s License Be Suspended?
An immediate license suspension can range from three to ninety days. This restriction can be inconvenient and limit your freedom and mobility. The length of the suspension depends on several factors, including other offences on your driving record, your blood alcohol content (BAC), if you provided a breath or blood sample when instructed and the presence of any violence or aggravating circumstances during the offence, such as a hit and run or car accident.
Immediate Driving Suspension Penalties
Immediate roadside prohibitions and fines in Canada are enforced by the Traffic Safety Act, Motor Vehicle Act and the Criminal Code of Canada. If traffic authorities measure your BAC and issue a notice of prohibition, you will be subject to one of the below penalties.
A notice of prohibition can have the following outcomes:
I. A Warn Penalty
The warn penalty describes a BAC level between 0.05 and 0.079.
Characteristics of a Warn Penalty | First Offense
- Immediate three-day driving suspension
- Three-day vehicle impoundment
- $250 license reinstatement fee
- Does not result in a criminal record
- Remains on your driving record
- If you are caught driving in the warn range multiple times, you may face longer license suspensions and steeper penalties.
II. A Fail penalty
The fail penalty describes a BAC level equal to or greater than 0.08.
Characteristics of a Fail Penalty | First Offense
- Immediate 90-day driving suspension
- 30-day vehicle impoundment
- $250 license reinstatement fee
- Results in a criminal record
- Remains on your driving record
- Your Criminal Lawyer in Vancouver
Drinking or misusing drugs while driving is illegal and never worth the risk. If you find yourself in this situation, you need a criminal lawyer in Vancouver on your side. Tom Doust is an expert trial lawyer with over 20 years of experience in criminal law. He will ensure that your legal rights are protected and help you navigate the complexities of your case.
