Police in B.C. can now issue 90-day immediate roadside prohibitions if a driver fails or refuses to take a breathalyzer. (Black Press file photo)

Supreme court upholds B.C.’s drunk driving laws

Constitutional challenge on 90-day prohibitions dismissed

The B.C. Supreme Court has upheld the law that allow police to take drunk drivers off the road for 90 days, following a constitutional challenge.

In a ruling Monday, Justice Jennifer Duncan said the 90-day immediate roadside prohibitions are “a measured response to the societal danger of drunk driving.”

B.C. brought in some of the strictest impaired driving laws in 2010, two years after four-year-old Alexa Middelaer was killed by a drunk driver on a Delta road in 2008.

The immediate roadside prohibition for 24 hours was increased to 90 days for drivers who failed the roadside breathalyzer test by blowing above a 0.08 blood alcohol level, or refusing to provide a breath sample.

The laws have been challenged twice before: A 2011 challenge led to the laws being amended, while a 2014 challenge was dismissed.

In this case filed last December, three of the four complainants had failed a breathalyzer test and one had refused to take one. All four were denied a review of their cases.

They claimed the immediate roadside prohibitions, given out by police roadside and before they could talk to a lawyer, violated their charter rights “to retain and instruct counsel without delay.”

However, Duncan said the positive effects of the prohibitions negated any perceived breach the drunk drivers’ rights.

“It is a powerful tool which sees the immediate suspension of drivers who have been drinking alcohol from our roads, yet enables a meaningful review of the suspension as well as avenues for further judicial review.”


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Northern Savings buys old Dairy Queen building

Old Prince Rupert DQ building has been vacant in since the 1990s

PHOTOS: This is what buying legal pot in B.C. looks like

Take a look inside B.C.’s first and only legal pot shop located in Kamloops

Secondary project added to Terrace Aquatic Centre

The $131,000 vestibule renovation will not delay pool opening

Terrace and Thornhill school board trustee candidates: why they’re running

There are two open positions in Terrace, one in Thornhill

10 things still illegal in the new age of recreational cannabis

Pot is legal – but there are still a lot of rules, and breaking some could leave you in jail

Mellow opening to B.C.’s only legal pot shop

About five people lined up early for the opening of the BC Cannabis Store in Kamloops.

VIDEO: Millionaire Lottery returns to give back and win big

Since 1996, Millionaire Lottery has raised $52 million for the VGH+UBC Hospital Foundation

Test case challenges a politician’s right to block people from Twitter account

3 people say Watson infringed their constitutional right to freedom of expression by blocking them

‘A little odd’ B.C.’s biggest city celebrates cannabis without a legal store

On the streets of downtown Vancouver, notably the Wild West of illegal marijuana, not a single legal store opened Wednesday, making for a rather anticlimatic kick-off

Puff, puff, pass: Cannabis is officially legal across Canada

B.C. has only one bricks-and-mortar marijuana store

After 50 years, ‘Sesame Street’ Big Bird puppeteer retiring

The puppeteer who has played Big Bird on “Sesame Street” is retiring after nearly 50 years on the show.

Britain, EU decide to take some time in getting Brexit right

Brexit negotiator Michel Barnier said “we need much time, much more time and we continue to work in the next weeks.”

Parole denied for convicted killer-rapist Paul Bernardo after 25 years in prison

Paul Bernardo plead for release on Wednesday by arguing he has done what he could to improve himself during his 25 years in prison.

Man holds newborn son for first time after devastating B.C. racetrack crash

Kayden was born the day after Jonathan was crushed by car at speedway

Most Read