Impaired Driving

Information relating to impaired driving.

The Responsible Driver Program

No AlcoholBC's Responsible Driver Program is required for drivers who have received an Immediate Roadside Prohibition for blowing a fail, having been convicted of an alcohol related driving offence or who have multiple alcohol related driving events on their driving record.

Review of Immediate Roadside Prohibitions

Scales of JusticeThe most significant concern apparent to me with regard to the new Immediate Roadside Prohibition (IRP) program in BC is that the police are seen to be the judge and jury at roadside. This has been the case since the creation of the roadside prohibition many years ago, the only thing that has changed is the size of the penalty. Few people seem to be aware that this action is subject to review both by the Superintendent of Motor Vehicles and the courts.

CASE LAW - Rossi v Superintendent of Motor Vehicles

BC Courts Coat of ArmsMr. Rossi was investigated for driving while impaired by alcohol. He provided a breath sample that registered a fail reading on an Approved Screening Device. Subsequent to that he supplied two samples of breath analyzed at 80 mg% on a BAC Datamaster C instrument. As a result of this, the investigator served Mr.

READING - Drink Driving Monitor 11

ETSC LogoBritish Columbia is not the only jurisdiction trying to reduce the incidence of impaired driving by implementing tougher legislation. The European Transport Safety Council Newsletter on Drink Driving Policy Developments in the European Union shows that some countries are implementing blood alcohol limits even lower than those in place here in BC.

You Blew a Fail, What Now?

RSDAfter all the publicity concerning BC having the toughest impaired driving penalties in Canada you decide to drink and drive. You are stopped by police, blow a fail reading (BAC > 100 mg% or .10) on the screening device and are now in serious trouble for the first time in your driving career. What happens under the Immediate Roadside Prohibition (IRP) Program?

What Would My BAC Be?

Keys and DrinkIf you are a driver who will not say no to alcohol prior to driving, BC's new Immediate Roadside Prohibition (IRP) makes it critical to understand how drinking affects your blood alcohol concentration (BAC). How many standard drinks, 12 ounces of beer, 5 ounces of wine or 1.5 ounces of hard liquor, can you consume and still not be over the 50 mg% (.05) level?

You Blew a Warn, What Now?

ASDIt is after September 20, 2010 and you have just been tested for blood alcohol at the roadside and the screening device registered a "warn." The officer has served you with a notice of driving prohibition and has ordered a tow for your vehicle. How do you challenge this action?

Driving with a BAC Between 50 and 80 mg%

ASDIn 1977 BC established the limit of 50 mg% as the provincial limit on Blood Alcohol Concentration (BAC) for drivers. When tested with an approved screening device drivers with a BAC over this limit received a 24 hour roadside prohibition. Relatively recently, this prohibition also included a 24 hour vehicle impoundment to go along with the prohibition.

NEWS - Canada's Toughest Impaired Driving Penalties

BC FlagBritish Columbia will have Canada's toughest impaired driving penalties when new laws become effective on September 20, 2010. The limits of zero for new drivers, 50 mg% (.05) for a 24 hour suspension and 80 mg% (.08) for criminal impaired driving charge have not changed, rather the penalties for those who disregard them have become much harsher.

CASE LAW - R v Berner

BC Courts Coat of ArmsThis is the provincial court decision rendered by Judge P.D. Gulbranson finding Carol Ann Berner guilty of all charges arising out of the death of Alexa Middelaer and the serious injuries caused to her aunt, Daphne Middelaer. Berner was driving the car that struck the two while they were feeding horses at the side of 64 Street in Delta, B.C.

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