Motor Vehicle Offences for Drugs and Alcohol (13:IX): Difference between revisions
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Motor Vehicle Offences for Drugs and Alcohol (13:IX) (view source)
Revision as of 01:12, 25 November 2018
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While a suspension under ''Motor Vehicle Act'' s 215 will be placed on the driver’s record, this is a preferable alternative to a charge and conviction under the ''Criminal Code''. | While a suspension under ''Motor Vehicle Act'' s 215 will be placed on the driver’s record, this is a preferable alternative to a charge and conviction under the ''Criminal Code''. | ||
==C. Federal Alcohol Offences== | ==C. Drug Offences=== | ||
The BC government has passed legislation amending the ''MVA'' which received royal assent on May 17, 2018, and will come into force by regulation of the Lieutenant Governor in Council. It is not in force as of August 14, 2018, but may come into force at some point over the next year. | |||
The new legislation includes a number of amendments. Section 25(10.101) will allow the Lieutenant Governor in Council to impose a condition on driver’s licenses that those who hold the license must not operate a motor vehicle while having a prescribed drug in their body. | |||
Section 90.3(2.1) will allow a peace officer to demand a sample of a bodily substance from a driver who holds a driver's licence on which a condition is imposed under section 25 (10.101) for analysis by means of approved drug screening equipment. If the analysis indicates the driver has a prescribed drug in their body, the peace officer may serve them with a notice of license suspension and request the driver to surrender their license. S. 90.3(3) will allow the peace officer to apply the same consequence to a driver who declines to provide such a sample. | |||
Similar amendments will alter much of the ''MVA'' regulations for driving with alcohol in your system so that driving with a prescribed drug in your system can result in the same penalties. There is no blood drug concentration specified yet. It will be possible for a combination of drugs and alcohol to trigger penalties even if the blood concentration of each substance is less than the legal limit (section 94.1). | |||
==D. Federal Alcohol Offences== | |||
The ''Criminal Code'' provides a number of federal criminal offences related to impaired driving. These are serious criminal offences, with significant possible penalties. Individuals facing ''Criminal Code'' charges are strongly encouraged to consult with a lawyer. | The ''Criminal Code'' provides a number of federal criminal offences related to impaired driving. These are serious criminal offences, with significant possible penalties. Individuals facing ''Criminal Code'' charges are strongly encouraged to consult with a lawyer. | ||