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October 14, 2005

Final phase of tougher drunk driving legislation in effect as of June 15, 2005.

As of June 15, 2005, BC drivers convicted of drinking and driving must complete a user-pay education and rehabilitation program before they will be allowed to drive again. The Province is also committed to bringing in user-pay interlock ignition programs which require a breath sample with zero alcohol in order for a vehicle to start. This more drastic measure may be imposed in cases where a driver has more than one DUI conviction.

Other provisions of the The Motor Vehicle Amendment Act (Bill 66) that came into force in late 2004 and earlier this year include:

December 13, 2004:
*Police can now immediately impound vehicles at the roadside for 24 hours where the driver receives a 24-hour alcohol related driving prohibition.

January 1, 2005:
*fines for driving while prohibited or suspended have increased from $300 to a $500 minimum and police are empowered power to impound vehicles for 60 days on a first offence and 90 days for a subsequent offence.
*Courts now have the discretion to consider the particular circumstances of a first drunk driving offence and impose jail time where appropriate.
*ICBC can now refuse to issue a driver's license if a person has outstanding fines for offences commited under the Liquor Control and Licensing Act.

January 17, 2005:
*New or learning drivers can no longer demand a blood test to challenge the results of a roadside screening device.
*Road side screening is now sufficient to meet the demand for a breath test to challenge a 24-hour prohibition on driving whereas before the test had to be conducted at a police station.

May 1, 2005:
*Immediate license suspension now occurs where a court imposes a ban on driving as part of bail conditions.

To read Bill 66 click here.

Posted by BCCLB at October 14, 2005 04:03 PM