The last time you left the bar in a cab, did you think everyone did the same thing? Let’s be honest… we all know that certain someone who has climbed behind the wheel after a couple drinks. According to Paul Zador, Sheila Krawchuk, and B. Moore, the average person who is caught driving drunk has already gotten away with it 87 times. Some people might consider driving under the influence to be a seemingly less harmful act, but don’t be fooled. In 2010, it was estimated that 2,541 individuals were killed in motor vehicle crashes in Canada. MADD Canada estimates that at a minimum 1,082 of these fatalities were impairment-related. In their opinion, the 1,082 figure is a conservative estimate, due to the underreporting that results from the inability to conduct alcohol tests on surviving impaired drivers and from the need to rely on police reports.
Highway Traffic Act
Canada’s roads and its drivers are protected under the Highway Traffic Act, whose purpose is to guarantee the safety of all drivers at all times. To that effect, the act includes provisions that limit the amount of alcohol drivers may have in their bodies. The level of impairment is determined by blood alcohol content, or the percentage of a person’s bloodstream that is alcohol, usually measured on the spot via a breathalyser test.
Under this act, it is a criminal offence to drive with a blood alcohol concentration (BAC) of 0.08, or 80 milligrams of alcohol in 100 millilitres of blood. Drivers with lower BACs are dealt with under provincial and territorial traffic acts. Any driver who operates a vehicle while having a blood alcohol content greater than 0.08 is committing a crime, no questions asked. Note that police officers also maintain the right to arrest anyone they suspect has been operating a vehicle within three hours of being impaired or has a vehicle in their care or control (which can include sitting in the driver’s seat while the engine is off) while above the 0.08 BAC limit.
Is Drunk Driving Rational?
Most people do not realize how few drinks it takes to exceed the 0.08 blood alcohol content limit. For the average sized person, three or four drinks could easily place you in the “impaired driver” category. Even though your BAC could be below the legal threshold, you can still be charged with drinking and driving if you are being unsafe on the road or obviously impaired, based solely on a police officer’s claim. The only additional evidence needed would be proof of some measurable amount of alcohol in your system. Fair? Maybe not, but this is the world we live in.
When it comes to the festive New Year season, you might find yourself tempted to get behind the wheel after one too many mugs of creamy eggnog, but in light of these facts, it is clear that drinking and driving would not be a rational act. Still not convinced? Note that the number of people charged with drinking and driving offences during the holidays in 2011 more than doubled from the previous year, which has resulted in stricter enforcement and patrolling from the RCMP during Christmas time.
If you get pulled over and are thinking of refusing to take a breathalyzer test, think again. The police will go ahead and charge you with refusing to provide a breath sample. Although the charges are different, the penalties associated with it are exactly the same as an impaired driving charge, thus making no sense to refuse to take the test. If convicted of a DUI charge, Canada shares with Germany the longest maximum prison sentence, five years. Canada ’s $1,000 mandatory minimum fine exceeds mandatory minimum fines in Australian jurisdictions, and is more representative of the maximum fine in most American jurisdictions. European countries have lower fines than Canada – except France , which imposes a fine of €4,500.
License Suspension
Not surprisingly, you will also lose all driving privileges if you are caught drinking and driving, with durations of suspension depending on the level of the offence and the province you are driving in. Canada imposes a driving suspension of one to five years, longer than in other jurisdictions that have adopted a 0.08 BAC. Canada ’s one-year minimum is more reflective of the maximum disqualification period in other jurisdictions. If found guilty, the following suspensions apply:
Image Source: DUI.ca
This holiday season, respect the fact that driving while intoxicated impairs all of the abilities that go into operating a vehicle. The next time you are thinking of driving after one drink too many, step away from the situation for a minute and consider the costs rationally. The right choice should be obvious.
