Crime and Punishment

IIn 2000, road crashes involving a driver who had been drinking killed 864 people, representing almost 30 per cent of all road fatalities.

Anyone convicted of driving with a Blood Alcohol Concentration of 80 mg per cent or higher will have a criminal record for life, whether or not the offender is involved in a collision.

In June 1999, tougher penalties were prescribed for impaired driving under the Criminal Code of Canada. The minimum penalties for a first-time impaired driving conviction were increased to a $600 fine (from $300) and a one year driving suspension (from three months). The driving suspension for a second offence was quadrupled, from six months to two years. In June 2000, the maximum penalty for impaired driving causing death was increased from 14 years to life imprisonment.

Quebec Transport Minister Guy Chevrette objected to the longer minimum suspensions. He said that offenders will break the ban and drive anyway; a 1996 study found that 3/4 of Quebeckers with suspended licenses still drove. Before the amendments, Quebec allowed second-time offenders to drive again after the minimum six-month suspension on condition that they equip their cars for 18 months with an ignition-interlock device. The success of this measure may be compromised by the longer minimum suspensions.

Will the more severe sentences prevent offenders from continuing to drive impaired? A common characteristic of many hard core drinking drivers is that they are not deterred by the threat of punishment. Research shows that long imprisonment without other remediation produces either no significant impact, or a higher number of future incidents and convictions. Very brief incarceration, however, appears to reduce recidivism with first-time offenders.

On the other hand, the law has also been strengthened to give police new tools to keep impaired drivers off the road. Research shows that if people believe they will be caught, they are far less likely to offend. Tougher sentences have yet to show their value - but visible, effective enforcement is a proven tool in the fight against impaired driving.

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