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Difference between revisions of "Impaired Driving"
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<p>This script explains what can happen if you drink and drive. Both BC and the federal government have laws against drinking and driving. Usually, only the BC law applies. Sometimes, federal law applies instead of—or in addition to—BC law. Drinking and driving is a very complicated area of law with serious consequences.</p> | <p>This script explains what can happen if you drink and drive. Both BC and the federal government have laws against drinking and driving. Usually, only the BC law applies. Sometimes, federal law applies instead of—or in addition to—BC law. Drinking and driving is a very complicated area of law with serious consequences.</p> | ||
<p>It’s not a crime to drive with some alcohol in your body, but it is a criminal offence to drive if your ability to drive is even slightly impaired due to alcohol. The prohibited blood alcohol level for drivers starts at 0.05 in BC. | <p>It’s not a crime to drive with some alcohol in your body, but it is a criminal offence to drive if your ability to drive is even slightly impaired due to alcohol. The prohibited blood alcohol level for drivers starts at 0.05 in BC. If you have been drinking, don't drive—take a taxi or bus or call a friend for a ride.</p> | ||
===1. If the police stop you, what tests must you take?=== | ===1. If the police stop you, what tests must you take?=== | ||
<p>If the police stop you while you are driving a vehicle, or while you have care or control of a vehicle even if you’re not driving it, you must take the following tests. Care or control of a vehicle means you were in the driver’s seat and | <p>If the police stop you while you are driving a vehicle, or while you have care or control of a vehicle even if you’re not driving it, you must take the following tests. Care or control of a vehicle means you were in the driver’s seat and could have operated the vehicle, even if you were parked.</p> | ||
====a. Blow into an approved roadside-screening device or ASD==== | ====a. Blow into an approved roadside-screening device or ASD==== | ||
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====How does an Approved Instrument (an evidentiary breathalyzer) work?==== | ====How does an Approved Instrument (an evidentiary breathalyzer) work?==== | ||
The Approved Instrument | The Approved Instrument is an evidentiary breathalyzer. The procedures for using Approved Instruments are designed to obtain scientifically and legally valid breath tests. Approved Instruments used in Canada test themselves before and after each breath test. They produce a printout of the estimated blood alcohol concentration to be used as evidence in court. In BC, Approved Instruments are usually located only in designated rooms in police stations. | ||
<p>An Approved Instrument captures a tiny bit of breath toward the end of the blowing sequence to measure the concentration of alcohol in your breath. Alcohol in the breath sample condenses on a small metal surface. The alcohol generates an electrical current, which a computer in the breathalyzer measures. The computer calculates an estimated blood-alcohol concentration based on the estimated breath-alcohol concentration. It reports the results in milligrams per 100 milliliters. If you have over 80 milligrams (called “over .08”) you are legally too drunk to drive, and can be convicted of a criminal offence.</p> | <p>An Approved Instrument captures a tiny bit of breath toward the end of the blowing sequence to measure the concentration of alcohol in your breath. Alcohol in the breath sample condenses on a small metal surface. The alcohol generates an electrical current, which a computer in the breathalyzer measures. The computer calculates an estimated blood-alcohol concentration based on the estimated breath-alcohol concentration. It reports the results in milligrams per 100 milliliters. If you have over 80 milligrams (called “over .08”) you are legally too drunk to drive, and can be convicted of a criminal offence.</p> | ||
<p>The technician who operates the Approved Instrument will ask you to | <p>The technician who operates the Approved Instrument will ask you to blow into a plastic mouthpiece connected to the breath tube attached to the side of the instrument. It can take several minutes to analyze the sample. The technician will wait at least 15 minutes and then usually ask you to do it again. When the test is finished, a police officer will give you a Certificate of Qualified Technician Who Took Breath Samples, describing the test results. Keep this document in its original condition. Don’t write on it or damage it. Just give it to your lawyer.</p> | ||
===2. What can happen under BC law if you drink and drive?=== | ===2. What can happen under BC law if you drink and drive?=== | ||
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<li>$500 penalty</li> | <li>$500 penalty</li> | ||
<li>$250 license reinstatement fee</li> | <li>$250 license reinstatement fee</li> | ||
<li>Responsible Driver Program | <li>Responsible Driver Program</li> | ||
<li>Ignition Interlock Program (depending on driving record)</li> | <li>Ignition Interlock Program (depending on driving record)</li> | ||
</ul> | </ul> | ||
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<p><strong>Process the police must follow to issue an IRP</strong>—the police must require you to provide a breath sample by blowing into an ASD. If you refuse to blow or do not provide a sample that is suitable for the ASD, the officer must issue a 90-day IRP, the same as if you blew and showed a Fail. If the ASD shows a Warn, the officer must review your driving record and issue the appropriate IRP, as the table above shows. If the ASD shows a Fail, the officer must issue a 90-day IRP. When you blow, the officer must tell you that you have a right to blow again into a different ASD. You get the benefit of the lower of the 2 readings and the police have to tell you this.</p> | <p><strong>Process the police must follow to issue an IRP</strong>—the police must require you to provide a breath sample by blowing into an ASD. If you refuse to blow or do not provide a sample that is suitable for the ASD, the officer must issue a 90-day IRP, the same as if you blew and showed a Fail. If the ASD shows a Warn, the officer must review your driving record and issue the appropriate IRP, as the table above shows. If the ASD shows a Fail, the officer must issue a 90-day IRP. When you blow, the officer must tell you that you have a right to blow again into a different ASD. You get the benefit of the lower of the 2 readings and the police have to tell you this.</p> | ||
<p>The officer must make a properly sworn report (a report that they swear is true) to the Superintendent for every IRP they issue. They also have to submit a Certificate of Qualified ASD Calibrator showing when the ASD was last calibrated (checked for accuracy), when the calibration expires, and when the ASD is next due for annual service.</p> | <p>The officer must make a properly sworn report (a report that they swear is true) to the Superintendent of Motor Vehicles for every IRP they issue. They also have to submit a Certificate of Qualified ASD Calibrator showing when the ASD was last calibrated (checked for accuracy), when the calibration expires, and when the ASD is next due for annual service.</p> | ||
<p><strong>Review process to contest an IRP</strong>—if the police give you an IRP, you can apply for a review by going to ICBC Driver Services and paying the required fee within 7 days of when the police give you the Notice of Prohibition. The review hearing is held before an adjudicator in the Office of the Superintendent of Motor Vehicles. This office is also called the OSMV and RoadSafetyBC.</p> | <p><strong>Review process to contest an IRP</strong>—if the police give you an IRP, you can apply for a review by going to ICBC Driver Services and paying the required fee within 7 days of when the police give you the Notice of Prohibition. The review hearing is held before an adjudicator in the Office of the Superintendent of Motor Vehicles. This office is also called the OSMV and RoadSafetyBC.</p> | ||
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====c. Different rules for new drivers==== | ====c. Different rules for new drivers==== | ||
In BC’s graduated licensing program, new drivers (both Learners and Novices) get a 12-hour suspension if a breath test with an ASD shows that they have any alcohol in their body | In BC’s graduated licensing program, new drivers (both Learners and Novices) get a 12-hour suspension if a breath test with an ASD shows that they have any alcohol in their body. They also have to start their stage (12-month L or 24-month N) over again. There is no review of this suspension. And if they are over 0.05, they face the same, more serious results as other drivers, not just a 12-hour suspension. Plus they must start their stage over again. | ||
====d. Responsible Driver Program course and Ignition Interlock Program referrals==== | ====d. Responsible Driver Program course and Ignition Interlock Program referrals==== | ||
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====e. Higher insurance costs==== | ====e. Higher insurance costs==== | ||
Prohibitions and convictions under the BC <em>Motor Vehicle Act</em> mean you have much higher vehicle insurance costs. [http://www.icbc.com/driver-licensing/tickets/Pages/Driver-Risk-Premium.aspx | Prohibitions and convictions under the BC <em>Motor Vehicle Act</em> mean you have much higher vehicle insurance costs. ICBC has more on this, called the [http://www.icbc.com/driver-licensing/tickets/Pages/Driver-Risk-Premium.aspx Driver Risk Premium]. | ||
====f. Driver’s license points and penalties==== | ====f. Driver’s license points and penalties==== | ||
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<strong>Criminal charges</strong>—if your results are over .08, you will normally be charged under the <em>Criminal Code</em> with over .08<em>.</em> If you fail to give a breath or blood sample, you will be charged with refusing to blow<em>.</em> In either case, you will also normally be charged with impaired driving—a criminal offence. | <strong>Criminal charges</strong>—if your results are over .08, you will normally be charged under the <em>Criminal Code</em> with over .08<em>.</em> If you fail to give a breath or blood sample, you will be charged with refusing to blow<em>.</em> In either case, you will also normally be charged with impaired driving—a criminal offence. | ||
<p><strong>Two driving prohibitions</strong>—the investigating police officer will issue you:</p> | <p><strong>Two driving prohibitions</strong>—the investigating police officer will typically issue you:</p> | ||
<ul> | <ul> | ||
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For a first offence of over.08, impaired driving, or refusing to blow, the mandatory minimum sentence is a $1000 fine and a driving prohibition between 1 and 3 years. That is the usual sentence, unless the judge considers your case more serious because of aggravating facts such as high breathalyzer readings or an accident. This minimum sentence means you get a criminal record. A judge cannot give you a discharge. | For a first offence of over.08, impaired driving, or refusing to blow, the mandatory minimum sentence is a $1000 fine and a driving prohibition between 1 and 3 years. That is the usual sentence, unless the judge considers your case more serious because of aggravating facts such as high breathalyzer readings or an accident. This minimum sentence means you get a criminal record. A judge cannot give you a discharge. | ||
<p>Previous drinking and driving convictions mean higher | <p>Previous drinking and driving convictions mean higher penalties—usually at least 30 days in jail for a second offence, and at least 120 days in jail for each offence after that. Plus, in BC, driving prohibitions are longer: between 3 and 5 years for a second conviction and a lifetime prohibition for a third or later conviction. With an indefinite prohibition, you can re-apply for a licence after 5 years. But the prohibition can be extended if you don’t comply with other requirements or conditions of getting a license.</p> | ||
<p>Convictions for criminal driving offences stay on your driving record forever, even if you eventually get a pardon for the offence. ADP driving prohibitions remain on your driving record unless the prohibition is revoked when you apply for review.</p> | <p>Convictions for criminal driving offences stay on your driving record forever, even if you eventually get a pardon for the offence. ADP driving prohibitions remain on your driving record unless the prohibition is revoked when you apply for review.</p> | ||
