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

Putting for a cause: Langley charities count on tourney dollars

A fistful of tournaments this month help charities fundraise, while offering golfers a day of fun.

‘It’s like a party in your mouth’

Langley creator’s Milkshake Burger makes its debut at the PNE

New Langley mall owners have multi-use vision in mind

H&M opens in Willowbrook Thursday, offset some of the space left vacant by the departure of Sears.

Trinity Western University changes controversial covenant

Pledge forbidding sexual intimacy outside of marriage optional, but only for students

Legendary umpire retiring after 40 years

Aldergrove’s Gord Hanly caps an outstanding 40 year career

Average Canadian family spends 43% of income on taxes: study

Fraser Institute’s consumer report shows taxes accounting for larger chunk of income each year

RCMP to search for body after man drowns in B.C.’s Buntzen Lake

Officers and fire crews responded but the man from the Lower Mainland is believed to have drowned.

Police chiefs call for stricter controls on pill presses to fight opioids

Canada’s police chiefs are urging Ottawa to beef up its fight against the opioid scourge by closely vetting people who import pill presses

Hot, dry conditions forces drought rating to highest level on Vancouver Island

The province says Vancouver Island is under Stage 4 drought conditions

Victoria police say explicit calls continue to target women

Over 50 reports of unwanted, sexually explicit calls have come in

Get involved in the Great Canadian Bumble Bee Count

Environmental organization develops app to help with the nationwide count

Pesticides linked to bee deaths will be phased out in Canada, sources say

Neonicotinoids, or neonics, are a class of pesticides used by farmers and hobby gardeners alike

Wildfire smoke blankets B.C. and Alberta, prompting air quality advisories

About 25 new wildfires were sparked between Monday morning and midday Tuesday

Most Read