If you’ve just been served an IRP in Victoria, the 7-day clock to challenge it is already running.

Our Victoria team has helped drivers in Greater Victoria challenge roadside suspensions since 2021. We know exactly which grounds for review give you the best chance of getting back on the road.

Clients trust Julia Hunter and her team. Here’s why:

  • 40+ combined years of criminal defence experience.
  • Winner of the Consumer Choice Award for Best Criminal Defence Firm in Victoria.
  • 75+ five-star Google reviews from clients across Vancouver Island.
  • Featured on CBC News, CTV News, and Yahoo News.

You have an IRP. What should you do next?

Take these three steps as soon as you’re served:

  1. Mark the 7-day deadline immediately. RoadSafetyBC has no authority to review your prohibition once 7 days have passed, no matter how strong your case is.
  2. Keep your Notice of Driving Prohibition safe. We will need this document, along with proof of your identity, to apply for a review at any ICBC Driver Licensing Centre.
  3. Call a Victoria IRP lawyer immediately. Your lawyer will usually request an oral hearing for 30- or 90-day prohibitions. Otherwise, we will submit a written appeal.

With immediate roadside prohibitions, there’s no choice but to act fast. Failure to do so means you waive the right to challenge the suspension.

Contact us for a free, no-obligation consultation.

What is an Immediate Roadside Prohibition?

Under section 215.41 of BC’s Motor Vehicle Act, police can suspend your licence at the roadside if:

  • You blow a ‘warn’ on an approved screening device.
  • You blow a ‘fail’ on an approved screening device.
  • You refuse to provide a breath sample.

Victoria PD, Saanich PD, Oak Bay PD, and West Shore RCMP have issued IRPs in Greater Victoria since 2010. Penalties are separate from the Criminal Code and apply immediately, whether or not you’re ever criminally charged.

While the system is set up to be quick and simple, the consequences are real. You do not have to (and shouldn’t) simply accept them.

What happens if you get an IRP in Victoria?

The consequences depend on your reading and your history of past prohibitions:

IRP LEVEL LICENCE SUSPENSION VEHICLE IMPOUNDMENT FINE
Warning, 1st in 5 years 3 days 3 days $200
Warning, 2nd in 5 years 7 days 7 days $300
Warning, 3rd+ in 5 years 30 days 30 days $400
Fail, or refusal 90 days 30 days $500

A 90-day IRP often comes with a referral to:

  • The Responsible Driver Program, an education course that must be completed before licence reinstatement.
  • The Ignition Interlock Program.

The hidden costs of an Immediate Roadside Prohibition in Victoria

An IRP can have significant financial consequences. 

Apart from the fines listed above, other costs include:

  • Significant costs associated with the Ignition Interlock Program (installation, rental, removal, and early termination fees).
  • Impound lot administrative fee.
  • Towing and storage fees.
  • Insurance premiums spike, as the IRP will show on your driver’s abstract.

Can you challenge an IRP? What are the grounds for review?

You cannot simply argue that the suspension is unfair.

Your lawyer must challenge the IRP on specific, narrow grounds, such as:

  • You were not the driver. You were neither operating the vehicle nor in care or control of it when the police approached.
  • You were denied a second test. Police did not offer you a second breath test on a different device after you asked for one.
  • The lower reading was not used. When you took a second test, the notice was not based on the lower of your two results.
  • The device or reading was unreliable. The screening device did not actually register a ‘warn’ or ‘fail’, or your true reading falls below the threshold used against you.
  • The prohibition should be shorter. You have no prior IRPs within the last five years, so a lower-tier penalty should apply.
  • You had a reasonable excuse. For a refusal-based IRP, you did not refuse or fail to comply, or had a valid reason for not providing a sample.

The best grounds to use depend entirely on what happened at the roadside. A Strategic Criminal Defence lawyer can review the details to identify how best to request a review.

What happens during the review process?

We can file your Application for Review at any ICBC Driver Licensing Centre. This might be the office at 955 Wharf Street in downtown Victoria or another office.

We can also submit documents directly to RoadSafetyBC:

  • A written review currently costs $100.
  • An oral hearing costs $200.
  • Both fees are non-refundable, whether you win or lose.

Your prohibition stays in effect while you wait. A decision is typically issued within 21 days. If your review is unsuccessful, your only further option is a judicial review in the BC Supreme Court. That’s a more complex and costly process.

If you’re also arrested on a related criminal impaired driving charge, you may be held at a local police detachment. If you’re not released, you could be transferred to the Victoria Courthouse at 850 Burdett Avenue for a bail hearing. We can represent you in both cases. Information gathered from the IRP review is often useful in the criminal case.

How can a Victoria IRP lawyer help?

A lawyer from Strategic Criminal Defence can:

  • Identify the specific grounds for review that fit your situation.
  • Gather the evidence to support your review. This includes police notes, dashcam or bodycam footage, sworn statements, and the technical records for the screening device used.
  • File your application within the 7-day window.
  • Represent you at your hearing, whether written or oral.

If you’re also facing a criminal charge, we coordinate your IRP review with that case. Doing this can protect both your licence and your criminal record.

Testimonials

Here’s what clients have said about us. Remember that past results do not guarantee future outcomes.

“Went above and beyond”

“100% would recommend Strategic Criminal Defence Victoria. Very professional, very reliable. Julia Hunter made me feel very comfortable with my case and went above and beyond for me. Thank you very much, Julia.”

C.B.

“Outstanding job”

“I had a fantastic experience with my lawyer, Julia L. Hunter. She did an outstanding job, and I would definitely recommend her to anyone in need of legal services. Her professionalism, expertise, and dedication were truly impressive. Thank you so much from the bottom of my heart for everything you’ve done!”

E.

“Remarkable support”

“I came to Julia Hunter after contacting Strategic Criminal Defence for what I am sure was a relatively insignificant legal concern in their view. Her remarkable support won my trust and praise. Needless to say, I would not hesitate to turn to her whenever needed and to recommend her to anyone else.”

F.

Frequently asked questions

No. Filing an application for review does not pause your prohibition. Under section 215.48 of the Motor Vehicle Act, your suspension stays in effect for its full length while RoadSafetyBC considers your case.

RoadSafetyBC loses the authority to review your prohibition once seven days have passed. Your only remaining option is a judicial review in the BC Supreme Court. That is slower, costlier, and far more complex than the original review process.

No. An IRP is an administrative penalty under the Motor Vehicle Act, not a criminal conviction. It will not appear on a criminal record check, though a separate criminal charge for the same incident could.

Nicknamed the ‘blow box,’ the ignition interlock device is a breathalyzer installed in your vehicle. It stops the engine from starting if it detects alcohol on your breath. You may be referred to the IIP after a 90-day Fail IRP, a criminal impaired driving conviction, or a driving record with multiple alcohol-related incidents.

These are shorter administrative suspensions, separate from an IRP. A 24-hour suspension applies to any driver whose ability appears to be affected by alcohol or drugs, based on an officer’s observations. A 12-hour suspension applies only to novice (L or N) drivers under BC’s zero-tolerance rule. It requires a breath test confirming alcohol consumption.

Contact us for a free, no-obligation consultation.

Verified By:  Julia Hunter, Criminal Defence Lawyer

Last Modified: September 14, 2026

Julia Hunter is a senior criminal defence lawyer at Strategic Criminal Defence in Victoria, BC. She has appeared at every level of court in British Columbia and has defended clients on assault, impaired driving, theft, break and enter, and sexual offence charges. Before moving to defence work, she trained with the Alberta Crown Prosecution Service and the Specialized Prosecutions Branch, giving her direct insight into how the Crown builds its case. Julia holds a Law Degree with Honours from Queen’s University Belfast.