Aug 05, 2010


By Susan Irwin, Executive Director / Lawyer, Rural Legal Services

Drinking and driving is an issue that is squarely on the agenda of the government of Ontario. Although the Province cannot infringe upon the Federal government’s criminal law powers to define the offence of impaired driving and to set the range of punishments, it can deal with the issue through an area of exclusive provincial jurisdiction – the licensing of drivers.

Driving is a privilege, not a right. To exercise that privilege, each province has the power to set out certain conditions. If those conditions are breached, or not met, then the provinces have the right to either deny or withdraw a person’s driver’s licence. And it is by using this power that Ontario has developed a series of “administrative” rules that have resulted in a lot of drinking drivers walking home even though they may not have had enough alcohol in their blood to support charges under the Criminal Code.

The drivers caught in the net face stiff fines, a licence suspension, even the loss of their vehicles for a period of time, but on the positive side, they don’t end up with a damaging criminal record. Of course, even after they get their vehicles and licences back, there is the question of insurance – most people can expect a hefty increase in premiums. No criminal record, but licence suspensions for drinking and driving are red flags on a driver’s record for insurance companies.

As of August 1st, 2010, the scope of the Province’s attack on drinking and driving has been expanded to focus on one particular group defined solely by age, namely, those drivers under the age of 22. Drivers in this age group found with ANY alcohol in their blood will immediately have their licence suspended for 24 hours. On top of the initial road-side suspension, these drivers will face fines of up to $500.00 and additional licence suspensions of 30 days upon conviction of this provincial offence. Those young drivers who have not yet obtained their “G” licence, face a little tougher scheme in that conviction for a second offence will attract a 90-day suspension, and on the third strike, well, they’re not only off the road but will have to go back and start all over again with the “G-1” licence when they are permitted to once again get behind the wheel.

Is it age discrimination? Well, it might seem like it at first glance, but according to the Ontario Ministry of Transportation the peak ages for drinking and driving collisions are 19, 20 and 21. And in those collisions, people are injured and far too often killed, including 235 young drivers over a 10-year period. Under these circumstances it is likely that the courts would find the special targeting of this age group to be more than reasonable – so it’s likely not a good idea to complain about discrimination to the police officer when he or she demands a breath sample!

But don’t be too hasty in raising a glass because you happen to be 22 or older. Provincial rules have already been changed to punish drivers of any age who are found to have a Blood Alcohol Concentration (BAC) of between .005 and .008. This is a lower BAC than required for a criminal charge (over .008), but it will also result in an immediate licence suspension, along with subsequent fines and longer suspensions upon conviction for the provincial offence by the Court.

And it’s not just cars and trucks. If it’s motorized and you are on public lands or waters, you can assume that the rules apply.

The message in Ontario is clear: don’t drink and drive! You don’t have to be criminally impaired to find yourself in trouble. Provincial restrictions are increasingly getting tighter to the point where we may just find ourselves in a “zero tolerance” environment for all drivers in the not too distant future.

The Ontario Ministry of Transportation has produced the following sobering estimate of the costs of an impaired driving conviction at: http://www.mto.gov.on.ca/english/safety/impaired/part2.shtml

 

Costs For A Convicted Drinking Driver Category Amount Legal and Court Costs (estimated range) $2,000 - $10,000 Criminal Code fine $1000 Alcohol Education and Treatment Program $578 Administrative Monetary Penalty $150 Increased Insurance (estimate: $4,500 extra per year for 3 years) $13,500 Ignition Interlock $1,300 TOTAL MINIMUM COST ¹ (plus applicable taxes on some items, actual costs may be higher) $18,128

 

 

Legalese is a column of general information and opinion on legal topics by the lawyers of Rural Legal Services, Box 359, Sharbot Lake, ON, K0H2P0, 613-279-3252, or 1-888-777-8916. This column is not intended to provide legal advice. You should contact a lawyer to determine your legal rights and obligations.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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