12 & 24 Hour Prohibitions
Both the Criminal Code of Canada and the British Columbia Motor Vehicle Act provide the rules that control impaired drivers. Sanctions and penalties vary from temporary prohibitions for those drivers that are merely affected by alcohol, to serious penalties for those who are impaired by alcohol to the most severe for those who are addicted to alcohol.
The 12-hour prohibition set out in section 90.3 of the Motor Vehicle Act was created with the Graduated Licensing Program for new drivers. Currently, the holders of Learner and Novice drivers licenses are subject to the restriction that they must not drive when they have alcohol in their body.
The 24-hour prohibition set out in section 215 of the Motor Vehicle Act Police may suspend the license of any driver who, on reasonable and probable grounds, has their ability to drive affected by the consumption of alcohol.
Typically, both prohibitions are implemented using an Approved Screening Device. The investigator makes a demand, pursuant to section 254(2) of the Criminal Code, which allows police to screen any driver they believe has alcohol in their body. A reading of alcohol being present on the breath, but less than "warn" would result in a 12 hour prohibition for a Learner or Novice driver. Readings of "warn" or "fail" would result in a 24-hour prohibition for all drivers, with "fail" initiating a criminal investigation for impaired driving.
Failure to provide a breath sample without a reasonable excuse after a lawful demand under section 254(2) is an offence under section 254(5) Criminal Code. This would result in charges and an Administrative Driving Prohibition under section 94.1 of the Motor Vehicle Act.
It is not necessary to use an Approved Screening Device to initiate a prohibition under section 215 as it is under 90.3. Police may use evidence of driving, admission of consumption and physical evidence shown by the driver or field sobriety testing to form the reasonable and probable grounds required.