Alberta Drunk Driving Bill Fuels Debate on Legal Limit

Controversial new legislation that could change Alberta’s impaired driving laws by Christmas has come under fire from opponents who say it fails to target the most pressing issues.
Alberta Drunk Driving Bill Fuels Debate on Legal Limit
A police officer administers a breathalyzer test to a man at a sobriety checkpoint. (Justin Sullivan/Getty Images)
12/1/2011
Updated:
12/1/2011
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Controversial new legislation that could change Alberta’s impaired driving laws by Christmas has come under fire from opponents who say it fails to target the most pressing issues.

Under the proposed laws, those found to have a Blood Alcohol Concentration (BAC) over 0.08 will get a criminal charge and immediately lose their licenses until the charges are resolved in court.

Upon conviction, drivers would be required to pay for installation of an interlock device in their vehicle that measures their breath for alcohol before starting the ignition.

But the main issue, opponents argue, is that the legislation introduces increased punishment on those found to have a BAC of 0.05 - 0.08, which is below the current criminal limit.

First offences for those who blow over 0.05 will increase from the current 24-hour driving suspension to an automatic three-day license suspension and three-day vehicle seizure.

Second offences bring a 15-day suspension and a seven-day seizure, while a third offence brings a 30-day suspension and a seven-day seizure. Mandatory education and treatment programs for repeat offences are also a focus of the bill.

“This [legislation] is dealing with people who are [complying with] the law and within levels that are designated,” said Garth Whyte, president and CEO of the Canadian Restaurant and Foodservices Association (CRFA).

“It’s being rushed through—it’s almost a political agenda rather than a policy agenda. We’re saying take the time to do it right.”

The CRFA recently organized a petition signed by 2,000 restaurant owners, their employees, and customers who are concerned the legislation—Bill 26—will penalize responsible drivers and hurt the restaurant industry.

Both the Wildrose party and the NDP have criticized the bill, saying it does not address key issues surrounding heavy drinking and inadequate enforcement of current laws.

The legislation is modelled after a similar drinking and driving law introduced in British Columbia in 2010. The B.C. government claims alcohol-related driving deaths have been reduced by 40 percent since its introduction.

However, the B.C. Supreme Court ruled Wednesday that certain sections of the law are unconstitutional because they infringe upon Charter rights and lack an adequate appeal process.

Whyte says his association supports tough penalties for drunk drivers, but believes the law should punish those above the criminal limit of 0.08—who are the most likely to be involved in serious accidents.

He notes that after the legislation was introduced in B.C., restaurant owners lost an average of 21 percent in liquor sales in the first six months, leading to job cuts.

Changing Driver Behaviour

Bill 26 is being championed by Minister of Transportation Ray Danyluk along with Attorney General and Minister of Justice Verlyn Olson and Solicitor General and Public Security Minister Jonathan Denis.

The Alberta government says the approach will help change the attitude and “culture” of drinking and driving in the province, and balance enforcement with education and prevention.

“Suspensions for drivers between .05 and .08 are nothing new in Alberta,” said Olson. “What this legislation would introduce are new education programs and sanctions for these drivers, new mechanisms to track repeat offenders, and new, tougher, penalties for drivers who are caught over .08.”

Denis said the legislation targets those who repeatedly drive drunk. “It’s about changing driver behaviour through enforcing tougher sanctions.”

Critics also worry that the bill—which would allow officers to dole out penalties immediately—gives road-side police authority to be both judge and jury, and infringes upon civil rights by removing due process.

This could be problematic, for example, if the breathalyzer gives an incorrect reading, or simple human error is at play.

“What [Bill 26] is telling citizens is ‘go ahead and drink and then drive, that’s OK because it’s not illegal.’... But somehow, in a way that’s impossible for the average citizen to know—you’re going to have to figure out where to draw the line. If you make a mistake, then they’re ramping up these penalties in a way that doesn’t allow you to provide any type of defence—they just instantaneously punish you,” said criminal defence lawyer Michael Bates on Alberta Primetime.

Mothers Against Drinking & Driving Canada has commended the legislation, saying that the ramped-up penalties for drivers in the 0.05 - 0.08 BAC range is a “crucial element” in reducing impaired driving accidents.

MADD also notes that studies show alcohol can start to affect driving ability at 0.02 BAC, and that Alberta’s criminal BAC limit is among the highest in the country.

Besides Alberta, Quebec is the only other province with a criminal BAC limit of 0.08, and Yukon the only territory. All other regions in Canada, much of Europe, Russia, Japan, and Australia, have a legal limit of 0.05 or lower.

Some provincial governments and MADD have recommended the federal government amend the Criminal Code to lower the legal BAC limit and adopt harsher penalties for long-term offenders.

Last year, 96 deaths and 1,384 injuries were caused by impaired driving on Alberta roads. Impaired driving is a factor in 30 percent of fatal crashes across Canada.