B.C. cracks down on drinking and driving

Levels between 0.05 and 0.08 will earn a driver a warning, and anything over 0.08 is now an automatic fail. A first time offender receives and immediate three-day licence suspension, three-day vehicle impoundment, a $200 fine, a $150 towing fee and they must pay $250 to get their licence back.

Drivers caught a second time within five years face a seven-day driving ban and vehicle impoundment, a $300 fine, a $210 cost for towing and car storage, plus the $250 licence reinstatement charge.

A third warn offence in five years carries with it a 30-day driving ban and loss of vehicle, $700 in towing and storage, $400 in fines and the $250 licence return fee. They must also have an ignition interlock installed on the car at a cost of $1,700 and enroll in the province’s Responsible Driver Program, which costs $880.

Anyone caught driving with a blood-alcohol content of more than 0.08 or refuse a breath test face an immediate three-month driving ban, a $500 fine, having their car impounded for one month, mandatory use of an ignition lock for one year, and possible criminal charges.

However, just a couple months after the laws went into effect, Rich Coleman, the province’s public safety minister, hinted that the rules could be too strict.

“People need to know that they are able to legally drive their vehicles if they drink small amounts of alcohol over time. Most people can still enjoy a glass of wine with dinner or a beer after work,” Coleman said.

Under the old rules, in place in the province since 1977, police were issuing 24-hour license suspensions to drivers in the warn range to the tune of 40,000 a year, resulting in the need for changes. According to Coleman, that change includes being tougher on drivers at the 0.05 and 0.08.

“The effect of those changes is that the new penalties are causing many responsible people—people who are not a threat to road safety—to err on the side of extreme caution,” Coleman said.

Confusion among the bar and restaurant going public and among restaurant owners themselves about how much a customer can safely consume led to a drastic drop in sales across the province.

Mark von Schellwitz, western vice president with the Canadian Restaurant and Foodservices association, said the new law had an immediate and negative impact on the restaurant and bar industry.

“Customers are not drinking a lot. They (the province) did an effective job in scaring customers in not drinking at all. I’ve talked to a number of restaurants and they are seeing a 10 to 40 per cent drop in booze sales.”

While more difficult to measure, von Schellwitz said he has also heard reports of regular customers who’ve stopped going to restaurants, in favour of stopping into the liquor store to bring a bottle of wine home with them.

The CRFA wants the province to provide some guidelines to operators in terms of how much a customer is able to drink without a risking a 0.05 BAC.

“(Alcohol consumption) affects everyone differently. Owners can’t advise customers at all that one drink, or two drinks is OK, because they simply don’t know. We need a public campaign to educate consumers.”

“The ‘nice guy’ approach to handling drunk or impaired drivers in British Columbia ended on Sept. 20,” said Jamie Graham, chair of the province’s Association of Chiefs of Police, in a strongly worded statement.

“If you do a bad thing such as drinking and driving, then bad things are going to happen to you. So if you are going to drink, plan ahead, don’t drive. We are coming after you.”

Mark Hicken, a Vancouver lawyer who specializes in legal issues related to Canada’s wine industry, agrees that the new rules have already had a major impact on sales in the province.

“B.C. restaurants are reporting drops in liquor sales of between 10 to 40 per cent,” said Hicken, on his website winelaw.ca.

“One winery owner reported that his on-site restaurant has seen initial drops in wine sales of 50 per cent. There appears to be a great deal of confusion as to the actual effect of the new laws as well as if there is any permissible safe amount.”

Coleman said the province plans to increase its education on the new rules for both the public and police officers conducting enforcement on the province’s roads.

“The fact is, they (police) have discretion over whether or not to impound the vehicle of someone who’s caught once or twice in the warn range of 0.05 to 0.08 BAC. There’s still the option of parking a vehicle, if it is safe to do so, or allowing a sober passenger or friend to get a vehicle home,” Coleman said.

A reworking of the legislation is possible next spring, if necessary, he added, but for now the province is committed to its education plan and consultation with the foodservice industry and police.