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Drunk driving laws change Monday

Changes include 90-day licence suspension for suspected drunk drivers
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Alberta’s drunk driving laws will change on Monday but new drug-impaired regulations remain on hold.

As of April 9, someone charged with impaired driving will have their licence immediately suspended for 90 days and their vehicle seized for three days.

Following the suspension, the driver must have an interlock device installed on their vehicle that requires the driver to breathe into a device to prove they are alcohol-free before the vehicle will start. The device also randomly requires the driver to retest.

“That’s the big change,” said RCMP Sgt. Brent Robinson, K-Division’s impaired driving specialist.

Previously, a driver’s licence was suspended indefinitely until impaired driving charges were resolved in court. If found guilty, a licence would be suspended for at least a year.

Last May, Alberta’s Court of Appeal ruled that such an open-ended suspension was unconstitutional. Among the factors the court considered is the routine lengthy delays before trial that an accused faces. The court backlog increased the risk people would plead guilty simply to speed up the process.

Other proposed changes to Alberta’s laws are awaiting the passage of Bills C-45 and C-46 in Ottawa. C-45 will set the ground rules for the production, possession, distribution and sale of marijuana as well as safety standards.

C-46 will change impaired driving laws to give police new powers to conduct roadside drug testing and would make it illegal to drive within two hours of being over the legal limit.

“The provincial government is trying to be preemptive,” said Robinson. “They’ve put in a few sections but they are all contingent on the passing of C-45 and C-46.”

It is anticipated that as a blood alcohol level of 0.08 has been established as the impaired level, a THC concentration for cannabis impairment will be set.

The province already has proposed laws on its website but they await passage by the Senate. The upper chamber has delayed further review of C-46 until early May after the Senate has dealt with C-45.

Concerns have been raised in government that it is unclear what THC concentration should be considered to establish impairment.

As the law stands, RCMP officers can lay impaired driving charges against someone suspected of being impaired by drugs and they can be sentenced to jail time or fined. However, only a 24-hour licence suspension can be applied at time of arrest.

Tracy Crawford, of MADD Canada, said the new measures will “send a strong message that driving under the influence of alcohol or drugs will not be tolerated, and those who ignore the law will face strong consequences.

“MADD Canada supports a 90-day licence suspension and a mandatory alcohol ignition interlock. These are strong consequences and they send a powerful message about the seriousness of this crime,” said Crawford, Madd’s chapter services manager for Western Canada.

MADD is also happy with the province’s proposed move to have zero tolerance for any driver with a graduated licence found with alcohol, cannabis or illegal drugs in their system. Currently, the law only applies to alcohol.

“The zero drug requirement for young and new drivers in the Graduated Licensing Program is very important” she said, calling it an “important step.

“But we would like to see the province go even further and extend the zero alcohol and zero drug requirement to age 22.”

MADD is encouraging the Senate to pass the new bills.



pcowley@reddeeradvocate.com

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