Key elements of B.C.'s system of immediate roadside penalties for drunk driving have been upheld by the Supreme Court of Canada.

B.C.’s tough drunk driving penalties upheld

Supreme Court of Canada rules B.C. can continue its immediate roadside punishment for impaired drivers

Canada’s top court has upheld B.C.’s tough system of roadside penalties for impaired drivers, including vehicle impoundments, stiff fines and immediate 90-day licence suspensions.

The Supreme Court of Canada handed down twin judgments Friday that back key elements of the provincial government’s policy after it was challenged by motorists.

Justices said there was “no doubt” automatic roadside prohibitions are within the province’s jurisdiction and a valid regulatory measure.

They rejected the argument of opponents that the penalties effectively create an offence that requires a right to a fair trial, not an instant decision by police after a failed blood-alcohol reading on a portable device.

The court found the province’s “pressing and substantial” goal of enacting the scheme “was not to oust the criminal law, but rather to prevent death and serious injury on public roads by removing drunk drivers and deterring impaired driving.”

Roadside penalties have largely supplanted criminal investigations and prosecutions for impaired driving in B.C. The amount of time and money expended on drunk driving cases in the courts and by police is down because of the nearly 70 per cent drop in impaired charges.

Police still pursue criminal charges in cases of injury or death due to drunk driving.

Defence lawyers have criticized the immediate roadside prohibitions as a de facto decriminalization of most cases of impaired driving.

Although drivers who are caught and punished at roadside face stiff sanctions, they do not usually risk an impaired driving conviction and criminal record.

Also before the courts was the constitutionality of the compulsory demand to provide a breath sample or face roadside penalties.

A majority of Supreme Court justices said the original 2010 provision did violate the Charter of Rights protection against unlawful search and seizure.

The province amended its law in 2012 to allow drivers who fail a roadside breath test to take a second test – the lowest of the two readings is used – and created a process for them to appeal driving prohibitions.

“Our belief is that the amendments our government made in June 2012 already address the constitutional issues noted in the court’s decision,” B.C. Justice Minister Suzanne Anton said.

It’s not yet clear if drivers penalized in the first two years of the program could be compensated.

Anton welcomed the ruling, adding immediate roadside prohibitions have been “very effective” and have saved an estimated 260 lives over the past five years.

“People are learning from them, they’re not drinking and driving as much,” Anton said. “As soon as you blow that warn or that fail you will be penalized. And that is what deters people from drinking and driving. That’s what keeps our roads safe.”

Defence lawyers intend to continue to challenge elements of the B.C. law that were not addressed by the top court.

About 18,000 roadside prohibitions are issued each year and about two per cent are successfully challenged through the review process.

Just Posted

Police name second suspect, lay kidnapping and attempted murder charges in connection with Rudy Johnson Bridge incidents

Drynock is considered dangerous, do not approach him and call the local RCMP detachment immediately

Skeena-Bulkley Valley candidates react to finding Trudeau broke ethics law

The election campaign is heating up before the writ has even dropped

Links probable between homicide, missing persons investigation in Williams Lake

Rich ‘Savage’ Duncan the victim of Aug. 6 homicide

Heiltsuk challenges feds decision to award $67M contract to east coast towing company

Heiltsuk Horizon challenges decision to award emergency ship towing contract to Irving company

Jim Pattison takeover offer ‘non-binding,’ Canfor cautions investors

B.C. billionaire already big shareholder in forest industry

QUIZ: How much do you remember about Woodstock?

Weekend music festival in Bethel, New York, was held 50 years ago

U16 B.C. fastpitch team named national champs

Girls went undefeated at national tournament in Calgary

Advocates ‘internationalize’ the fight to free Raif Badawi from Saudi prison

Raif Badawi was arrested on June 17, 2012, and was later sentenced to 1,000 lashes and 10 years in jail for his online criticism of Saudi clerics

Canadian entrepreneurs turning beer byproduct into bread, cookies and profits

Some breweries turn to entrepreneurs looking to turn spent grain into treats for people and their pets

Canada ‘disappointed’ terror suspect’s British citizenship revoked

Jack Letts, who was dubbed “Jihadi Jack” by the U.K. media, has been detained in a Kurdish prison for about two years

Chrystia Freeland condemns violence in Hong Kong, backs right to peaceful assembly

There have been months of protests in the semi-autonomous region

Most Read