Impaired Driving

Enforcement action against drivers having a blood alcohol content over 50 mg% (.05) began in 1977 here in British Columbia. In my view, it didn't become a marked deterrent until the recent significant penalty increases imposed by amendments to the Motor Vehicle Act. People are finally making the choice not to drink and drive in numbers that are easily visible.

BC'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. The program may also be required because the Superintendent of Motor Vehicles has evidence that the driver has an alcohol abuse or misuse problem.

The most significant concern apparent to me with regard to the 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.

After 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?

Under the new Immediate Roadside Prohibition rules, motorists are able to take a second test on a different device, says RCMP Constable Steve Holmes.

"Holmes says the driver, who had a strong odour of liquor on his breath, proceeded to blow a fail on his second try.

This 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.

Kurtis William Rock was an 18 year old who spent the day drinking beer in the park with friends. At the conclusion of the drinking session he loaded two minors in his mother's Buick Rendezvous and entered traffic in the City of Vancouver.

Some of the best anti-impaired driving videos come out of Australia. This example runs for 5 minutes and 22 seconds and it explains very well why police target impaired drivers. As they say, if you drink and drive, you're a bloody idiot!

On June 17, 2009 the Standing Committee on Justice and Human Rights chaired by MP Ed Fast released a report titled "Ending Alcohol-Impaired Driving: A Common Approach." The report makes 10 recommendations, the most interesting of which says that police should be able to do random breath testing of drivers without having a reasonable suspicion that the drivers have alcohol in their bodies.

I recently overheard a conversation between young people where they discussed the daily use of marihuana - on their way to and from school and in their cars. They said it did not affect their ability to drive and that it went undetected by parents, teachers, employers and the police.