Q&A - Impaired Driving Confusion

Question: My husband received a ticket in September for cutting corners on the lake road, crossing the double solid. He lost his licence for 3 days and his truck was impounded for 30 days. Was this impaired driving?

After the 30 days he went to ICBC to get the truck released to him. ICBC called motor vehicles and they said yes he could have it. When he went to the impound lot they too called motor vehicles and received permission for release.

Weeks later a letter came in the mail that my husband needs to attend a safe driving course and that he needs to get a ignition Breathalyzer installed in his vehicle, AND that he has lost his licence for 90 days, as of the day that he got the ticket for crossing the double solid.

So my husband called motor vehicles and asked what all this was about and they said he received a DUI on the day of the ticket which he did not. He has the ticket that he signed regarding the double solid and that was it.

My husband also asked how he was able to get the truck back and they did not know.

He then went to ICBC and there is nothing on their computers about the DUI or losing his licence. Motor vehicles sent a fax of the paper work that the officer filled out but there is no copy of the ticket or my husbands signature anywhere except the ticket that we agree on.

So my question is, is any of this legal? What should our next step be? Motor vehicles has never contacted us again and it has been 2 months since we received the letter.

3 Day Immediate Roadside Prohibition

From your description, it looks like two things happened that day, your husband received a traffic ticket for crossing a double solid line and he received a 3 day Immediate Roadside Prohibition after blowing a warn on an approved screening device at the roadside.

Vehicle Impound and Ignition Interlock

If this is your husband's 3rd prohibition for a warn within 5 years, the 30 day vehicle impoundment is appropriate. The ignition interlock is also imposed on drivers who have had 3 prohibitions for a warn within 5 years.

The 90 day prohibition is a consequence of blowing a fail on the screening device and then providing samples of breath for the Breathalyzer / Datamaster at the police station afterwards that were higher than .08 or 80 mg%.

If he provided two samples that were over 80 but not both 100 or more, he would likely receive the 90 Administrative Driving Prohibition but not a criminal charge.

Impaired Driving Paperwork

There should be paperwork, both in your husband's possession and on file with ICBC / Superintendent of Motor Vehicles supporting all of this. The MV2723 Immediate Roadside Prohibition form does not require a driver's signature as the officer completes a certificate of service after giving the driver a copy.

Legal Advice

Your next step is probably to make use of the Canadian Bar Association's Lawyer Referral Program.

Learn More

This document from the Metro Vancouver Transit police outlines their impaired driving investigation policy. It is a good outline about what happens depending on the breath sample provided by the driver under investigation.

RoadSafetyBC's IRP Review Policy is available as well.

Share This Article