Impaired Driving Continues to Take Lives

September 09, 2016, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

The number of deaths related to drinking and driving in Canada is unacceptably large. We were privileged to be named as having the highest proportion of alcohol related road deaths in the 19 most developed nations globally. 1/3 – one third of roadside deaths in Canada are linked to alcohol. It’s a disgrace to the nation.

Drinking and driving continues to take lives in Canada despite decades of education and increasingly harsh fines, penalties, and criminal sentencing upon conviction. In the GTA police are ‘confounded’ by the increasing number of drunk drivers that they are confronting.  Certain facts are known. Police enforcement does not stop or prevent drinking and driving. It only serves to stop a percentage of those who are impaired behind the wheel. Globally law enforcement agencies have struggled with the problem and are at a loss as to how it can be stopped.

Some provinces such as Saskatchewan are also struggling with very high rates of impaired driving, compounded by arrests of high profile MLAs for the offence. One Saskatchewan MLA was arrested with a BAC of between 0.2% and 0.210%, at 1 o’clock  in the morning. He plead guilty this week, faced a licence suspension and fined $1820. His insurance rates will also increase and of course, he will carry a criminal record.

Provinces such as BC and Alberta now seize vehicles after the first impaired offence. This has seen a reduction in the number of drunk driving deaths in that province. Increased fines and licence suspensions may stop the first time ‘accidental’ offender from re-offending but repeat offenders are not deterred by the details of needing a licence or insurance, or frankly, their own car.

Many suggestions such as requiring ignition interlocks on all cars, sensors on steering wheels that sense alcohol through the skin, and even harsher penalties have not been adopted for a variety of reasons. Some based on fears of the cost of installation of technology (as it was with seatbelts), some based on violations of personal liberties. Other options include lowering the allowable BAC significantly. Many other nations (with lower rates of roadside alcohol related deaths) have permissible BACs of 0 to 0.05%. We may also wish to consider allowing police to stop drivers randomly to check for BAC. Currently this is considered to be ‘unreasonable search and seizure’ by the state.

Perhaps the problem of impaired driving needs to be approached with some of the determination that other threats to Canadians have been.

The MTO has a succinct description of the laws and processes related to impaired driving. Here is an excerpt from the site.  http://www.mto.gov.on.ca/english/safety/impaired-driving.shtml

Impaired Driving

Learn about Ontario's impaired driving laws and the penalties you could face if you drive while impaired by alcohol or drugs.

What is impaired driving?

Impaired driving means operating a vehicle (including cars, trucks, boats, snowmobiles and off-road vehicles) while under the influence of alcohol or drugs.

It is a crime under the Criminal Code of Canada and the consequences are serious. You may:

• lose your licence
• have your vehicle impounded
• need to pay an administrative monetary penalty
• need to attend an education or treatment program
• be fined upon conviction
• be required to install an ignition interlock device in your vehicle
• spend time in jail

Ontario is a leader in combating impaired driving through some of the toughest laws and programs in North America.

For more information on the consequences of operating a snowmobile or off-road vehicle while impaired please refer to the following pages

• Snowmobiles
• Off-Road Vehicles

Drinking and driving

Even one drink can reduce your ability to react to things that happen suddenly while you are driving. The effects of alcohol include blurred or double vision, impaired attention and slowed reflexes. Your life and the lives of others can change forever if you drive after drinking alcohol.

Blood alcohol concentration

The amount of alcohol in your body is measured by the amount of the alcohol in your blood. This is called blood alcohol concentration, or BAC. Once you take a drink, there is no way to guess what your BAC is.

Many factors can affect your blood alcohol level including:

• how fast you drink
• whether you are male or female
• your body weight
• the amount of food in your stomach

In Ontario and the rest of Canada, the maximum legal BAC for fully licensed drivers is 80 milligrams of alcohol in 100 millilitres of blood (0.08). Driving with BAC over 0.08 is a criminal offence.

Warn range

In Ontario, your BAC does not have to be over the 0.08 legal limit to result in serious consequences. If you register a BAC from 0.05 to 0.08 (commonly referred to as the warn range), you will face provincial administrative penalties.

Drug impaired driving

Drugs can also impair your ability to drive. This is true for both illegal drugs and prescription or over-the-counter medication.

Tips to avoid impaired driving

There are simple steps you can take to avoid driving while you're impaired by drugs or alcohol:

• make sure you have a plan to get home safely
• ask your doctor or pharmacist about side effects related to driving when using prescription medication
• read the information on the package of any prescription drugs or over-the-counter medicine, including allergy and cold remedies
• ask your doctor or pharmacist about how a prescription drug could affect you- drugs and alcohol together can impair your driving even more than either one alone

Remember, fatigue and stress will also affect your ability to drive safely.

Consequences of impaired driving

Zero BAC

The Zero BAC law means that certain drivers cannot have any presence of alcohol in their blood while they drive. This law applies to:

• all drivers age 21 or under
• novice drivers of any age

If you are caught with a BAC above zero, here is what will happen:

• your driver's licence will be suspended on the spot for 24 hours
• if convicted, your driver's licence will be suspended again for at least 30 days and you will receive a $60-$500 fine

If you are a novice driver and have your licence suspended for drinking and driving, your licence could be cancelled. You will have to retake all your driving tests and repay all the fees.

If your BAC tests in the Warn Range (0.05 - 0.08):

If you test over the legal limit of 0.08 OR refuse a drug or alcohol test:

• 90-day roadside licence suspension
• $180 administrative monetary penalty
• 7 day vehicle impoundment

If you are convicted of impaired driving:

*The Reduced Suspension with Ignition Interlock Conduct Review Program will eligible drivers convicted for the first time of an alcohol impaired driving offence under the Criminal Code to reduce their licence suspension in return for meeting specific requirements, such as the mandatory installation of an approved ignition interlock device in their vehicle.

Alcohol education and treatment programs

You may need to participate in an alcohol education or treatment program if you have:

• been convicted of an impaired driving-related offence
• received more than one roadside licence suspension for driving with a BAC between 0.05 and 0.08

You will receive information from the Ministry of Transportation, including the specific remedial measures requirements and how to complete them.

The program in Ontario is called Back on Track. It is delivered by the Centre for Addiction and Mental Health.

The costs to cover the program are as follows:

• $634 (assessment, education/treatment and follow up) for convicted impaired drivers
• $294 (education or treatment) for drivers who receive more than one warn range roadside suspension within a five year period

There are three components to the Back on Track program: an assessment, an education or treatment program, and a follow-up interview. For more details, visit the Back on Track website.

Medical Review

If you a provide breath sample which registers a BAC from 0.05 to 0.08 (the warn range) more than three times, you will need to undergo a mandatory medical evaluation. You will be sent a Substance Abuse Assessment form to be completed by your family doctor or a doctor who specializes in addiction medicine. This assessment will determine whether you are alcohol dependent and whether further intervention is needed.

Depending on the information your doctor provides, the ministry may keep your licence suspended until you fulfill the medical requirements for licensing.

Licence reinstatement

There are different requirements for people convicted of impaired driving and those who are suspended for repeatedly driving in the warn range.

Criminal conviction

If you have been convicted of impaired driving, you should register for an education or treatment program immediately, as the program can take up to 11 months to complete.

You will need to complete all three components of the Back on Track program before your licence suspension expires. You will also need to satisfy all other requirements set by the courts to have your licence reinstated.

Ignition interlock

If you are eligible for the Reduced Suspension with Ignition Interlock Conduct Review Program, you need to complete the assessment component of the Back on Track program before your licence is reinstated.

Warn range suspension

If you are fulfilling the Back on Track program because of a warn range suspension, you have 120 days from the start of your suspension to complete the education course and 180 days to complete the treatment course.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.