BC Gets Tough on Drinking and Driving

Solicitor General Mike de Jong introduced new legislation on drinking and driving that will make British Columbia the toughest in Canada on impaired drivers.With the new legislation any individual who fails a roadside screening with a blood alcohol level above 0.08 could be hit with a penalty $3,750* along with an automatic three month driving ban and a 30 day vehicle impoundment.

Costs for Having a Blood Alcohol Level Over 0.08 on a Roadside Screening Device
Administrative Penalty $500
License Reinstatement Fee $250
Towing & Impoundment Fee for 30 days $700
Responsible Driver’s Program Fee $880
Ignition Interlock Device Fee (1 Year) $1,420
Total $3,750

The new legislation also includes penalties for impaired drivers who blow in the warning range of 0.05-0.08:
1.a $200 fine and a three day driving ban for the first incident in five years;
2.a $300 fine and a seven day ban for the second incident in five years; and
3.a $400 fine and 30 day driving ban for the third incident in five years.

Individuals who blow in the warning range of 0.05 to 0.08 will also be hit with a $250 driver reinstatement fee and be charged a $150 for having their vehicle impounded for three days.

People who are caught three times in one year for blowing in the warning range or those individuals who blow over 0.08 will also be required to participate in the Responsible Driver Program and use an ignition interlock device, which measures a driver’s blood alcohol level every time they start their vehicle, for a period of one year. The new legislation also states that individuals who refuse to provide a breath sample will also face a 90 day driving prohibition and a $500 fine.

The new drinking and driving legislation is designed to not need the approval of Crown Counsel making it very likely that impaired drivers will be hit with the most severe penalties possible. What this actually means, however, is that first time impaired drivers will NOT be facing charges. That’s outrageous. It takes away the certainty that the Justice System is meant to instill: a democratic process which safeguards individuals from state intrusion. Instead, it trades the certainty of the justice system for an arbitrary process that will not be subject to the same safeguards and that’s just wrong.