Following up to my article in April when they announced the tough new impaired driving laws, British Columbia's new impaired driving law is about to kick in on Monday, September 20th. This will make B.C. have the toughest impaired driving laws in the country.
Now I cannot say if these stronger penalties could have prevented my friends death or others who have died at the hands of impaired drivers but it should will prevent future loss of life. Impaired driving alone kills an average of 133 people and injures more than 3,000 each year and hopefully that number is going to go down, and fast.
Between 1998 and 2007, 1,133 people were killed and 32,551 people injured in alcohol-related motor vehicle crashes in British Columbia. This included the deaths of 115 children.
(source- PDF)
Now what are these new impaired driving laws I speak of? How severe are they? To start, you can now face a driving ban of 3 days and hefty fines starting at 0.05 blood-alcohol level instead of the previous 0.08 level.
Now one thing to note, impaired driving laws are not just for cars. It doesn't matter if you’re driving a car, piloting a boat or plane, or any other motor vehicle, this law applies. This can also apply even if you were not driving and did not move the vehicle. Short and sweet of it, BTW I AM NOT A LAWYER, if you are in care or control of a vehicle, which means you were in the driver’s seat and had access to the ignition key, you could be charged. Something to think about. Capiche?
So first let's start with the new stuff. Before if you blew 0.05 to 0.08 also known as the WARNING level, you would get a 24 hour suspension and possibly your car towed and $100 fee when you renew your license, now it kicks it up and goes a little like this:
First Offense for 0.05 in a 5 year period:
3 day driving ban
Car impounded for 3 days (towing & storage fees will cost about $150)
$250 driver's license reinstatement fee
$200 administrative driving penalty
Total: $600+
Second Offense for 0.05 in a 5 year period:
7 day driving ban
Possibly have car impounded for 7 days (towing & storage fees will cost about $200)
$300 administrative driving penalty
$250 driver's license reinstatement fee
TOTAL: $750+
Third Offense for 0.05 in a 5 year period:
30 day driving ban
Car impounded for 30 days (towing & storage fees will cost about $700)
$400 administrative driving penalty
$250 driver's license reinstatement fee
Then to regain your driving privileges:
$880 for the Responsible Driver Program
$1420 for an ignition interlock device (use for one full year)
TOTAL: $3,650+
First Offense for 0.08:
90 day driving ban
Car impounded for 30 days (towing & storage fees will cost about $700)
$500 administrative driving penalty
$250 driver's license reinstatement fee
Then to regain your driving privileges:
$880 for the Responsible Driver Program
$1420 for an ignition interlock device (use for one full year)
TOTAL: $4,000+
Plus you also have possible criminal code charges on top of that.
Now I'll give you a second or so to absorb all that info....and times up. If you're under the Graduated licensing program, you can also get additional actions over and above the above stated offenses due to zero tolerance. Also the Motor Vehicle Act places ultimate responsibility on the vehicle owner, so if you lend your car to a friend or family member and they get caught, it will be your car sitting impounded. Another thing to think about.
To see all the info on impaired driving, visit BC Superintendent of Motor Vehicles site: http://www.pssg.gov.bc.ca/osmv/
Now what would tough drinking laws be without adding some new speeding laws? They kick in on the same day and they are harsh. If you get caught doing 40km/h over the posted speed limit, AKA excessive speeding, here's what you're gonna get for your first ticket:
$905 fine
Your car is impounded for 7 days (over $200 in towing and storage fees)
$320 more a year for insurance for 3 years!
TOTAL: $2000+
Keep it up and subsequent charges grow quickly and it can get up to $24,000, yes $24,000. Do it in a construction zone and double the fine. If we combine theses two new changes to the impaired driving and speeding laws, let's say you and some friends went for couple beers after work, stayed a bit too long and now need to rush home (or somewhere else) and get caught speeding 40km/h over the posted limit. If you blew over 0.05 blood-alcohol, you would be looking around $2500 in fines and no vehicle for a week.
Now for the ignorant or the gamblers/risk takers, this will not stop them from having a couple drinks and getting behind the wheel BUT the repercussions are now severe enough that after being busted once, most (unless they can financially afford it) won't do it again. Getting caught could also affect your employment if you commute or drive for a living. There is also the financial aspect too. If you live pay check to pay check, which is nearly 60% of the Canadian population, you could become homeless.
One thing to keep in mind, blowing a point 0.05 blood-alcohol level varies per person. There are factors such as weight, how many drinks you've had in a certain time frame and the strength of the drink. There are various blood-alcohol calculator sites that can give a rough estimate based on that info. As an example, say a 160lbs person drank 2 Canadian beers (5% alcohol) in 1 hour, you can now potentially blow a 0.05. Depending on when you finished your last drink and got behind the wheel could also effect the reading. Curious what you would be, check it out for yourself to get a rough idea of what your limit is here
With these new laws coming into effect, i have NO sympathy for anyone that gets caught. You were aware of the risks, you took them and now you can pay the price. Consider it as the police office just saved your life, other occupants in the car or someone else innocently affected by the ignorance and inconsideration of another. And if you've read this far, you are now aware and educated so the CHOICE is up to you now.
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Firstly, these prices are based on various press releases as well as it is reiterated in the Immediate Roadside Prohibitions (IRPs) for Impaired Driving document released by the Office for the Superintendent of Motor Vehicles. This document can be found:
http://www.pssg.gov.bc.ca/osmv/publications/docs/immediate-roadside-prohibition-penalties.pdf
Now when i was looking into the charges, i tried to find towing charges to confirm what information was being presented to me and that is not an easy task online. Any towing website i did find would not mention any fees...hmmmm, why is that?
Now a lot of municipalities set the towing fees around $65-85 and storage at $20/day.Throw in taxes and the estimates are pretty close.
Most municipalities base the towing and storage fees off section 43.05 of the Motor Vehicle Act Regulations and it states towing is $78.99 and storage is $16.10 to $19.55/day depending on where you live in B.C. It can be found here:
http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/26_58_14
One thing to note, this could be cheaper as some police departments negotiate tow agreements with certain companies.
Now that we have that covered, based on your statement, i can only assume you and/or your company could be charging a lot more? If not, why would your customers get upset? My estimates are pretty close to the fees stated in the Motor Vehicle act. If you use Victoria as an example with their $85.50 towing fee, throw in HST and you are less than $13 (approx 8.5%) over my posted estimate, not something to get upset over.
Maybe these people are more upset that they lost their car and now have to pay to get it back and unfortunately you are indirectly reminding them of there fail when they fork out the towing and storage fees.?.?..
Novice Driver and the 24 Hour Prohibition WITHOUT a roadside test.
Why a novice driver should not be issued a 24 hour prohibition notice WITHOUT a roadside test. These reasons also show WHY an officer cannot use the 24 hour prohibition in the FIRST step of their investigation into a novice driver and drinking and driving.
This is all based on the novice driver having a BAC of below .05.
1) Section 215 – 24 Hour Prohibition
The 24 hour prohibition was initially designed as a tool for police officers to remove a driver that they suspect of having their driving ability impaired by alcohol from the road for 24 hours by observation only. That’s it, no more. It was not designed to remove a driver from the road for a possible 4 months when the OSMV becomes involved and adds their suspension. Why, because there is no evidence (roadside test) to provide such a harsh penalty. It is reasonable to prohibit a “regular” driver for 24 hours based on observation, but it is NOT reasonable to suspend a novice driver based on “observation”.
When a police officer physically hands the 24 hour notice to the novice driver, it means that the driver is treating them as a driver described in section 215, a driver that is allowed to drive with a BAC of under .05. See below:
Section 215(6) states:
(6) If a driver, who is served with a notice of driving prohibition under subsection (2), forthwith requests a peace officer to administer and does undergo as soon as practicable a test that indicates that his or her blood alcohol level does not exceed 50 mg of alcohol in 100 mL of blood, the prohibition from driving is terminated.
It does not say THIS prohibition (24 hour) is terminated, it says that the prohibition from driving is terminated. This means that the driver, according to this section….is “allowed to drive”.
The “right” stated on the reverse side of the 24 hour prohibition notice states:
“If a blood alcohol test was NOT administered and was not a basis for serving this notice, you have the RIGHT to forthwith request a test to determine your blood level.In the event the test indicates that your blood alcohol level does not exceed 50 milligrams of alcohol in 100 millilitres of blood, the prohibition from driving is terminated. The prohibition will not appear on your driving record and you will be allowed to drive.”
This paragraph, that is ON the notice that the officer is handing the novice driver states it twice, “ the prohibition from driving is terminated.” AND “you will be allowed to drive.” The officer is handing the novice driver a “right”, that legally (in BC) cannot be used by the novice driver to “allow them to drive” because of zero BAC tolerance. If the driver requests a roadside test, and shows BAC of below .05, technically a 12 hour suspension should be issued. In that case, the novice driver is NOT allowed to drive, or the prohibition of driving DOES NOT terminate. If the officer DOES allow the novice driver to drive, it is in contravention of BC laws, Section 90.3. If the officer “hands” you the right, or “treats” you as a certain class of driver, they must also stand by the “right” they have just acknowledged to the novice driver.
2) Section 90.3 – 12 hour suspension
Section 90.3 was legislated when the GLP came into effect. As the novice driver fits the description of “driver” in the section, this is the section that officers must begin their investigation with. Does not section 90.3 mandate, that when a police officer stops a novice driver for suspected drinking and driving, they begin with section 90.3? If we read the following:
Section 90.3(2)
A peace officer may, at any time or place on a highway or industrial road if the peace officer has reasonable and probable grounds to believe that a driver has alcohol in his or her body,
(a) request the driver to drive the motor vehicle, under the direction of the peace officer, to the nearest place off the travelled portion of the highway or industrial road, and
(b) by demand made to that driver, require the driver to promptly provide a sample of breath that, in the opinion of the peace officer, is necessary to enable a proper analysis of the breath to be made by means of an approved screening device and, if necessary, to accompany the peace officer for the purpose of enabling that sample of breath to be taken.
The word “may” in the first paragraph is a bit misleading. Many use this as the officer “may” do any of the following section. The way it is written, it means ONLY that the officer “may” pull over the novice driver, but once pulled over, a roadside test MUST be conducted. This is determined by the one small word…..”and”, at the end of section 90.3 (2)(a). Once (a) is accomplished, (b) MUST be done if we read “by demand made to that driver, require the driver to promptly provide a sample of breath that…..”.
A 12 hour suspension CANNOT be given to a novice driver without a roadside test. This is confirmed by:
Section 90.3(3) states: If
(a) a driver, without a reasonable excuse, fails or refuses to comply with a demand made under subsection (2) (b), or
(b) the peace officer, pursuant to an analysis of the breath of the driver under subsection (2) (b), has reasonable and probable grounds to believe that the driver has alcohol in his or her body,
If, either one of these two section are met…the 12 hour suspension can proceed. Section (a) makes sense, common in all “drinking and driving” sections. Section (b) says that the officer can only issue the 12 hour “pursuant to an analysis of breath under subsection (2)(b).” A roadside test is mandatory.
Points to ponder:
1) Does section 215 describe a driver that is allowed to drive with a BAC of below
.05?
2) Does section 90.3 describe a driver that is to have ZERO BAC while driving?
Which of the two should be used to start an investigation?
3) Why does a 24 hour notice only “work” or “stick” if the novice driver DOES NOT
use their right noted in the section and on the reverse side of the 24 hour notice? If they request a roadside test, and are below .05, legally the prohibition of driving is not terminated and they are not allowed to drive, legally.
4) Is it reasonable for a “regular” driver to be prohibited from driving for 24 hours
based on observation alone?
5) Is it reasonable for a novice driver to lose their license for up to 4 months based
on observation alone? Without the ability to use the right on the 24 hour notice?
6) By the officer demanding a roadside test at the beginning of their investigation
of suspected drinking and driving of a novice driver, they eliminated the right on the back of the 24 hour notice!
7) Why was section 90.3 legislated then, why not just use the 24 hour prohibition?
Yes, I do agree that a novice driver should face all consequences of drinking and driving! If they are stopped, and demanded to provide a breath sample…they are to face either a 12 hour suspension (if under .05), a 24 hour prohibition (if over .05) and impaired driving (if over .08)! This also eliminates the right on the reverse side of the 24 hour notice for that driver. Don’t you see, this is the way section 90.3 begins, why it was legislated!!!
The 24 hour prohibition driver description fits a novice driver IF they are over .05 BAC. It does not fit a novice driver IF they are below .05. This is a problem. The regular driver can use the right on the back of the notice, the novice driver cannot. This is a problem. Is there an officer out there that can, by observation only, determine a driver to be over .05? No……that is a problem.
Then why, are police still issuing 24 hour prohibitions to novice drivers WITHOUT the use or proof of a roadside test? Why is the OSMV/our government allowing this to happen?
Harry Veuger