Formerly, under the BC Motor Vehicle Act, if a police officer suspected that a driver’s ability to drive had been affected by drugs or alcohol, the police officer could prohibit driving for 24 hours on the spot. The vehicle was left parked wherever it was and retrieved the next day. The new law, which came into effect on December 13^th, enables the police to impound the vehicle for 24 hours, which is the same amount of time as the driving prohibition.

 

Formerly, a vehicle would be impounded only if the driver drove while prohibited or suspended. Also, now, if there is a roadside dispute to the 24-hour suspension, the police can use the roadside screening device results as an approved breath test rather than having to conduct the test at a police station.

 

Anyone driving while prohibited from doing so, will face a minimum fine will increased from the present $300, to $500 as of January 1^st. And courts are now able to jail first-time offenders if the judge finds this to be warranted.

 

The next set of changes takes effect on January 17^th. Formerly, if a person failed or refused to take a breath alcohol test after being asked to do so under the BC Motor Vehicle Act, the police could prohibit that individual from driving for 24 hours on the spot, and could issue a further 90-day driving prohibition. Now, the driver will be able to ask for a written review of the suspension from the Superintendent of Motor Vehicles.

 

Drivers in the Graduated Licensing Program will no longer be able to demand a blood test when stopped for suspected drunk driving. Instead, police will be able to rely on roadside screening devices.

 

In the spring more changes will take effect. Formerly, when a person was convicted for the first time of driving while impaired, driving with a blood alcohol content of over .08% or refusing a blood alcohol test, their license was automatically suspended for one year. A second conviction resulted in a minimum three-year license suspension and a third in an indefinite license suspension. Under the new changes, drivers with a Criminal Code conviction will have to complete a rehabilitation program. Additionally offenders with three or more convictions may have to install an ignition locking device that requires a breath sample before their vehicle will start.

 

Another change is a prohibition against license renewal or attainment without outstanding fines for liquor offences such as under-age possession of liquor being paid.

 

MADD’s (Mothers Against Drunk Driving) reaction to these changes has been supportive but critical. MADD wanted tougher penalties for first-time offenders and roadside suspensions for blowing .05 on a breathalyzer. Additionally they are calling on the federal government to eliminate conditional sentencing in cases that have led to death or serious injury.

 

Serious problem – serious sanctions. Please drive safely.