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

Incumbents and acclaimed mayors win elections all across B.C.’s north

Fraser Lake saw their first female mayor elected

Mayoral results from across B.C.

Voters in 162 municipalities in B.C. set to elect mayor, council, school board and more

Every vote counts: 10 tightest races in B.C.’s municipal elections

Peachland saw their election decided by just one vote

VIDEO: 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

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

Voting set to start in B.C. proportional representation referendum

Two-part ballots now being mailed to all registered voters

Harry and Meghan travel in different style on Australia tour

Prince Harry and his wife Meghan are on day seven of their 16-day tour of Australia and the South Pacific.

AP Exclusive: Stephen Hawking’s wheelchair, thesis for sale

The online auction features 22 items from Hawking, including his doctoral thesis on the origins of the universe, with the sale scheduled for 31 October and 8 November.

In Khashoggi case: Saudi calls, ‘body double’ after killing

Saudi Crown Prince Mohammed bin Salman called the son of Jamal Khashoggi, the kingdom announced early Monday, to express condolences for the death of the journalist killed at the Saudi Consulate in Istanbul by officials that allegedly included a member of the royal’s entourage.

Alleged serial killer Bruce McArthur waives right to preliminary hearing

Bruce McArthur, a 67-year-old self-employed landscaper, has been ordered to stand trial on eight counts of first-degree murder.

N.B. village faces backlash after council raises ‘straight flag’

Chipman Mayor Carson Atkinson says the flag met the village council’s criteria because it “recognizes, accepts and respects the rights of individuals under the Charter of Rights and Freedoms.”

B.C. oncologist changing the face of breast cancer treatment

Dr. Juanita Crook, a Kelowna oncologist, has seen 100 per cent success using brachytherapy to treat breast cancer in some patients.

Canada Post strikes leaves small shops in the lurch as holidays approach: CFIB

Rotating strikes began in Victoria, Edmonton, Halifax and Windsor

Three strong earthquakes reported off Vancouver Island

The quakes, all measuring more than 6.0 on the richter scale, were about 260 kilometres west of Tofino

Most Read