Impaired Driving Law Must Address Problem Areas

Canadas impaired driving legislation was last amended in 1985. The federal government has promised to review the law this year.

The January 1998 issue of Safety Canada featured an article on hard core drinking drivers. Lowering the legal limit in the Criminal Code to .05 from .08, as some suggest, will not stop these people, especially when 20 to 40 per cent of charges are dismissed or reduced. Instead, the law should make it easier to prosecute impaired drivers - and harder for offenders to continue driving while impaired.

Following are some recommendations advocated by safety and enforcement organizations.

1. Allow the use of current technology

The Criminal Code legislation, last amended in 1985, requires police to bring all suspects to the station for access to counsel and some also for breath testing. The time involved in transit can make it very hard for them to charge and convict impaired drivers. Going to the station seems unnecessary now with advancements in on-site technologies.

Canada’s impaired driving laws still require much of the breath testing to be done at the police detachment before certain criminal charges can be laid. This is because, in 1985, roadside breath screening devices did not provide the information necessary for use in court. Now, digital roadside breath screening devices can provide very accurate, numeric readouts. But the law doesn't recognize their results as admissible in court.

To meet the requirement for private access to legal counsel, the accused must be brought to the station to use a secure telephone line. This requirement was appropriate in 1985, when cellular technology was new and privacy could not be assured. Today, cell phones are widely used, and digital mobile communications, such as PCS, have overcome the privacy problem. However, even when secure communication is available at the scene, the law requires police to bring the suspect to the station to contact a lawyer.

2. Assess first time offenders for alcohol problems.

There is evidence that a person charged with impaired driving for the first time may have actually driven impaired hundreds of times. If the offender is found to have a problem with alcohol, treatment is essential. Until the alcohol dependency is resolved, the impaired driving behavior will likely continue, further endangering the public. Assessment and treatment should be user-pay.

3. Consider BAC level in sentencing.

Australia and some European countries have introduced sentencing systems which relate the type and severity of sanctions to the BAC level of the offender. Offenders with high BACs may be subject to higher fines, longer prison terms, mandatory treatment, longer license suspensions, and/or technological countermeasures such as ignition interlock. The Canada Safety Council thinks a tiered-BAC sentencing system could prove beneficial in this country.

Integrated Strategy Needed

Acting on the above recommendations would save lives and cost taxpayers less. But the problem is very complex, and will not be solved by a few changes to the Criminal Code. The Council advocates a multi-faceted approach, including enforcement, regulation, public education and awareness, sentencing and rehabilitation of problem drivers.

Some measures are in provincial and territorial jurisdiction. Examples include the installation of ignition interlock devices (which require breath samples from the driver), and vehicle seizure and impoundment for anyone who is charged with impaired driving while under suspension. Such deterrents are very effective because they remove impaired drivers from the road immediately. Moreover, they can be implemented on a user-pay basis.

Federal and provincial governments must recognize impaired driving as one of Canada’s most serious public health and safety issues, and must work together to implement effective strategies.

Recent Initiatives

A public service announcement for television and radio has been released by the Canada Safety Council in partnership with the Association of Canadian Distillers.

A forum was held January 28 to develop recommendations for submission to the federal Justice Standing Committee hearings on impaired driving. The report can be downloaded from the Canada Safety Council website.

The Traffic Injury Research Foundation has released reports on the Administrative License Suspension & Vehicle Impoundment Programs in Manitoba, and the Alberta Ignition Interlock Program. Both programs reported positive results. To order, contact TIRF by telephone at (613) 238-5235, fax (613) 238-5292 or e-mail tirf@trafficinjuryresearch.com.

Safety Canada (April 1998)

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Safety Canada April 1998