As of September 20, 2010, changes to the Impaired Driving Laws mean that penalties for those who drink and drive in British Columbia will become more stringent. Those who serve alcohol, as well as their customers, need to be aware of these changes.
Those who plan to drive after consuming alcohol should know that they may be about to commit an infraction that has two levels of seriousness. The warn range for a roadside breath test is 0.05 to 0.08, which reflects 50 to 80 milligrams of alcohol per 100 millilitres of blood. The fail level for a roadside breath test is anything above 0.08 (80 milligrams of alcohol per 100 millilitres of blood). Each of these levels will incur more severe penalties than before.
Research shows that driving with a blood-alcohol content of between 0.05 and 0.08 means a driver is seven times more likely to be in a fatal crash than a driver with no alcohol in their body. Even at the bottom of this range, at 0.05, a driver’s depth perception, co-ordination, reaction time and sensitivity to light can be reduced.
The Warn Range (0.05-0.08)
In the past, anyone whose roadside breath test results were in the warn range would be given a 24-hour roadside suspension — even for repeat offences. Not so any longer. Those in the warn range will now face a three-day suspension for a first occurrence, a seven-day suspension for a second within five years and a 30-day suspension for offence number three, within a five-year period.
While the 24 hour suspensions involved no monetary penalties — other than requiring the offending driver to pay taxi fare home — the new regulations come with a tally that quickly adds up. For instance, vehicles may be impounded for 3- and 7-day suspensions, and will be impounded for 30-day suspensions. Minimum towing and storage costs of a vehicle for three days are estimated at $150, for seven days at $210 and for 30 days at $700. Add to that an administrative penalty of $200 for the first occurrence, $300 for the second and $400 for the third. A driver’s licence reinstatement fee adds $250 in all cases. The third occurrence also requires mandatory attendance at a responsible-driver program, which costs $880, as well the installation of an ignition-interlock device for one year. This device, which requires the driver to pass a self-administered breath test before starting the car each time, comes with a yearly fee of $1,420. So, adding up the numbers, a first-time occurrence will now cost a driver $600, a second $760, while a third will involve a cost of $3,650.
Penalties for a Fail (Over 0.08)
Failing a roadside breath test — recording a blood-alcohol content of more than 0.08 — will now involve an immediate 90-day administrative driving prohibition. Criminal charges may also be laid. Instead of the previous 24-hourvehicle impoundment, a newly imposed 30-day vehicle impoundment will cost approximately $700, an administrative penalty $500 and the driver’s licence-reinstatement fee of $250. The responsible-driver program costs $880, and the one-year ignition-interlock requirement adds $1,420 for a total of $3,750.
The responsible-driving program involves three options, one of which will be chosen by the superintendent of motor vehicles to best address the driver’s situation:
- A one-day education session in a classroom setting.
- A 16-hour group counselling program, scheduled over a three-month period.
- A community-based alcohol-treatment program.
Research on the prevalence of impaired driving shows an increase in the number of impaired drivers in British Columbia, despite provincial efforts to spread awareness of the problem and increased police enforcement. Each year in BC, there are an average of 100 deaths and 3,000 injuries involving impaired drivers. The Ministry of Public Safety and Solicitor General considers all of these tragedies preventable.
It is important that these changes to the Impaired Driving Laws be communicated to everyone who works at businesses where alcohol is served. This information can be conveyed at the orientation session for new hires, during regularly scheduled employee training or at a special meeting. All staff members should be fully armed with the information necessary to address any concerns that patrons might have. Because it is crucial that licensees take every possible precaution to safeguard both their staff and their customers, go2, the organization that administers the Serving it Right program, will be incorporating information about these new penalties in an upcoming revision of its SIR program.
Please visit the Office of the Superintendent of Motor Vehicles website to learn more about the changes to the impaired driving penalties.
A decision by the B.C. Supreme Court on the constitutional challenge of the Province’s Immediate Roadside Prohibition (IRP) legislation was released on November 30th, 2011. Please click here to download a fact sheet from the Ministry of Public Safety and Solicitor General on the Interim Approach to Impaired Driving in BC.
