This post was updated on April 2026.
You are likely reading this article because you were pulled over by a police officer and told that you were driving while prohibited.
Many of our clients in similar circumstances were not even aware that they were not allowed to drive.
Why does this happen? What are the consequences? What are your next steps?
What does driving while prohibited mean?
A prohibition may be issued to you because of a poor driving record, driving under the influence, or for other reasons decided by the Superintendent of Motor Vehicles.
A driving prohibition may be accompanied by a licence suspension, a fine, or even a criminal conviction.
If you drive while you have a driving prohibition, you may be criminally charged with driving while prohibited, which, for a first offence, carries a minimum fine of $500, a 12-month driving prohibition, and possible imprisonment.
Imprisonment is mandatory for a second offence.
How do I know if I have a driving prohibition?
You may receive it on the spot or by mail!
While some people are aware of their driving prohibitions, many people aren’t. Why does this happen?
It is usually clear whether you are prohibited from driving when a police officer takes away your driver’s license and issues a driving prohibition on the spot.
However, the Office of the Superintendent of Motor Vehicles may also issue a driving prohibition to you by serving you with an administrative driving prohibition.
An administrative driving prohibition is a document containing details about the driving prohibition and is usually mailed to your address.
Unfortunately, this document can be mistaken for junk mail or can become lost during transit.
What happens if I drive while prohibited?
- You will be charged and may be convicted under the Motor Vehicle Act.
- If you are not a Canadian citizen, you need to be extra careful when applying for and renewing your visa or permanent residency.
- A first offence carries a minimum fine of $500, a 12-month driving prohibition, and possible imprisonment.
- Imprisonment is mandatory for a second offence.
Tips from Specht and Pryer
Here are 5 tips related to driving while prohibited from our lawyers.
Tip 1 – When you are pulled over by a police officer, be cooperative. You should provide the police officer with basic information such as your name, address, etc.
Tip 2 – If you receive a piece of paper that has an appearance date set, it is most likely an undertaking that you will have to appear in court. Please contact us.
Tip 3 – If you were pulled over by a police officer for driving while prohibited, once you return home, check your mailbox to see if you were previously served an administrative driving prohibition.
Tip 4 – While under a driving prohibition, please DO NOT drive!
Tip 5 – Contact us before the first appearance date. We will help you understand what you are required to do moving forward, and may be able to help you avoid conviction or jail time. Again, please DO NOT drive!
You are prohibited from driving, but you need to drive.
You may need to send your child to school or require a vehicle for work. However, if you drive while you are prohibited, there will be serious consequences.
We may be able to help you challenge and defend your prohibition charge.
If you are caught Driving while Prohibited in BC, consult with one of our lawyers today.
DISCLAIMER: The information provided in this blog is for general informational purposes only. This does not constitute legal advice. The content of this blog may not reflect the most current legal developments.
SPECHT & PRYER Barristers / Solicitors
https://spechtandpryer.com/
