You blew a warn, what now? / Driving and your BAC

Contributed - Castanet: Sep 17, 2010 / 5:00 am DriveSmartBC

It is after September 20, 2010 and you have just been tested for blood alcohol at the roadside and the screening device registered a "warn." The officer has served you with a notice of driving prohibition and has ordered a tow for your vehicle. How do you challenge this action?

Your first avenue of review is to immediately demand a second test. The officer will then arrange to test you again using a different approved screening device than the one that registered the warn. You are both bound by the outcome of this second test. If your sample is under 50, the prohibition will be terminated and the impound canceled. If it is still a warn, the action will proceed. However, if you were a borderline case and the second instrument indicates a "fail", you will now be subject to the Immediate Roadside Prohibition process.

At this point, there is no going back to the first test regardless of whether it favours you or not, so make your decision to demand the second test wisely.

Your next avenue of possibility will take place later. You will have to apply for a review by the Office of the Superintendent of Motor Vehicles. This will mean completing the appropriate forms and paying the necessary review fees. If you are successful, the Superintendent will revoke all fees associated with the prohibition. Finally, this prohibition may be reviewed by the courts. You would probably be wise to consult legal counsel to assist you with this step.
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Driving and your BAC CASTANET- Sep 10, 2010 Drive Smart BC

In 1977 BC established the limit of 50 mg% as the provincial limit on Blood Alcohol Concentration (BAC) for drivers. When tested with an approved screening device drivers with a BAC over this limit received a 24-hour roadside prohibition. Relatively recently, this prohibition also included a 24-hour vehicle impoundment to go along with the prohibition.

Effective on September 20, 2010 the prohibition dealt to drivers with a BAC between 50 and 80 mg% (known as a warn) will change significantly. When tested with an approved screening device at roadside a driver who provides a breath sample that is analyzed as a warn will face a minimum 3-day driving prohibition, an administrative penalty of $200, a driver's license reinstatement fee of $250, a 3-day vehicle impound and the associated towing and storage fees.

In the case of a driver whose driving record already contains a single prohibition within the past 5 years, the prohibition and impoundment periods rise to 7 days. The administrative penalty will increase to $300 and the driver will be required to participate in the ignition interlock program for one year at a cost of $1,400.

Should the driver have 2 or more previous prohibitions within the previous 5 year period, prohibition and impoundment rise to 30 days. The administrative penalty will increase to $400 and the driver will be required to participate in the Responsible Driver Program at a cost of $880. In both of the latter cases the $250 driver's license reinstatement fee and the towing and storage charges will apply as well.