BC Will Have the Toughest Drinking-and-Driving Rules in Canada

On April 27, 2010, BC’s Solicitor-General, Mike de Jong announced proposed legislation regarding penalties for drinking and driving. There is multi-party support for these proposed changes and they are expected to come into effect in the fall of 2010.

Media coverage has highlighted the Minister’s description of them as “the toughest drinking-and-driving rules in Canada” imposing “clear, swift and severe” penalties. Some commentators have noted, however, that practically speaking, they are also likely to “decrease the number of impaired driving charges and effectively decriminalize drunk driving.”

Les Leyne writing in the Times Colonist on April 28 went so far as to call them, “an end run around the laggard, overloaded criminal justice system.” However this may be, the practical end result is clear. People who drink and drive against these new rules will find themselves in a whole heap of trouble and without the protections traditionally provided by our legal system—the presumption of innocence, for example, which the Minister tacitly acknowledged in voicing his expectation of a legal challenge.

The most noteworthy aspect is the effect of providing a breath sample at the roadside into a roadside screening device that measures between .05 and .08 blood alcohol content. Measuring in this new “warn” range will result in the following:

…For the first time within a five-year period:

losing the driver’s licence immediately for 3 days.
possibly also losing the vehicle for 3 days and all related towing and storage fees.
a $200 administrative driving penalty.
a $250 driver’s licence reinstatement fee.

…For the second time within a five-year period:

losing the driver’s licence immediately for 7 days.
possibly also losing the vehicle for 7 days and all related towing and storage fees.
a $300 administrative driving penalty.
a $250 driver’s licence reinstatement fee.

…And for the third time within a five-year period:

losing the driver’s licence immediately for 30 days.
losing the vehicle immediately for 30 days and all related towing and storage fees.
a $400 administrative driving penalty.
a $250 driver’s licence reinstatement fee.
completing the Responsible Drivers Program and using an Ignition Interlock Device for 1 year following driving suspension.

Penalties for blowing over .08—the “fail” range—are more severe:

· losing the driver’s licence immediately for 90 days.

· losing the vehicle immediately for 30 days and all related towing and storage fees.

· a $500 administrative driving penalty.

· a $250 driver’s licence reinstatement fee.

· completing the Responsible Drivers Program and using an Ignition Interlock Device for 1 year following driving suspension.

· possible charges under the Criminal Code of Canada.

Unlike Criminal Code charges for impaired driving, these administrative penalties do not generate a court file and therefore are not disclosed to the public. Andrew Murie, CEO of Mothers Against Drunk Driving Canada said less public scrutiny is a worthy trade-off if it helps reduce impaired-driving injuries and deaths.

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