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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

New branch of Royal BC Museum to be built in Colwood

New faclity in the Royal Bay development will house collections, archives and research department

Sooke RCMP searching for two people, reported missing on Sept. 10

Alannah Brooke Logan, 20, and Beau Richard Santuccione, 32, last seen on Otter Point Road

Victoria man plans 30-hour walk to raise funds for vulnerable youth

Take a Hike engages youth in intensive, clinical counselling and outdoor experiential learning

New urgent, primary care health centre opens in Saanich come November

North Quadra area facility to provide same-day, ongoing care for folks without family doctors

3 new deaths due to COVID-19 in B.C., 139 new cases

B.C. confirms 40 ‘historic cases,’ as well

POLL: Do you plan on allowing your children to go trick or treating this year?

This popular annual social time will look quite different this year due to COVID-19

Supreme Court Justice Ruth Bader Ginsburg dies at 87

The court’s second female justice, died Friday at her home in Washington

Comox Valley protesters send message over old-growth logging

Event in downtown Courtenay was part of wider event on Friday

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Application deadline for fish harvester benefits program extended

Those financially impacted by the pandemic have until Oct. 5 to apply

Young Canadians have curtailed vaping during pandemic, survey finds

The survey funded by Heart & Stroke also found the decrease in vaping frequency is most notable in British Columbia and Ontario

VIDEO: B.C. to launch mouth-rinse COVID-19 test for kids

Test involves swishing and gargling saline in mouth and no deep-nasal swab

Most Read