B.C.’s tough new drunk-driving laws are giving police too much power and are putting a serious chill on the restaurant business, critics say.
There’s also widespread confusion over what the average person can consume, and safely drive, they add.
But supporters of the new penalties rolled out this week – the toughest rules in Canada – say even one drink at dinner is one too many if it means driving afterward.
Under the new rules, anyone who tests with a blood-alcohol reading of 0.08 and fails a roadside test gets an immediate 90-day driving ban, along with a 30-day vehicle impoundment. Drivers may face a criminal charge and up to $4,060 in penalties.
Being in the warning range of 0.05 to 0.079 means an immediate three-day driving ban, a $250 fine, a $200 fee to get a licence back and a possible three-day vehicle impoundment – all for a first offence.
David Eby, executive director of the B.C. Civil Liberties Association, says everyone wants drunk drivers off the road – but argues that handing police the sole power to impose fines and take away cars and licences without giving the driver a day in court is dangerous.
“The police officer at the side of the road has become judge, jury and prosecutor,” Eby said.
The province may also be edging into the federal government’s domain of criminal law, he adds, which could pose a constitutional problem.
Simon Fraser University criminologist Neil Boyd said that on one hand, too many drunk-driving charges were being “evaded” in court by well-heeled citizens in B.C. – a problem the government can solve with new powers and penalties.
But “there has to be some recourse to the courts,” he added. “There’s something a little awry with giving the police a rather extraordinary administrative power.”
Boyd adds that it is confusing that the 0.05 limit comes with penalties, but not criminality.
“I don’t know how well that was thought through,” he said.
Ian Tostenson, president and CEO of the B.C. Restaurant and Food Services Association, said that under previous law, consumers generally had the understanding they could have a couple of glasses of wine or beer with dinner and safely drive under the 0.08 limit.
But now, it’s anyone’s guess whether they can have a drink and drive home at the 0.05 limit, Tostenson said.
“Customers are angry. They’re saying this has killed my chance to go out and have a few glasses of wine.”
Tostenson said it will be clear by mid-October whether the new laws are severely hurting restaurants, but added that “with the HST and the new drinking laws,” the outlook in the dining industry right now isn’t very bright.
So how much alcohol can the average person drink before driving and still remain on the right side of the law?
Some estimate that 0.05 equals one drink for a 100-pound woman or two drinks for a 140-pound man – but don’t look for an answer from officials.
“It’s impossible to say with any certainty for everybody a blanket number of drinks they can have,” said Cpl. Peter DeVries of the North Vancouver RCMP. He said there are about 10 inter-related factors at play in a person’s blood alcohol reading.
“Zero-tolerance is the safest route for drivers,” DeVrie said.
North Van RCMP have already logged eight prohibitions under the new law, DeVries noted.
The Canadian Automobile Association used to provide online calculators to estimate safe drinking levels, but no more, said BCAA spokesman Trace Acres.
Drivers need to ditch the “guessing game” with drinking, accept the new zero-tolerance reality and plan transit options before drinking, Acres said.
The union that represents Metro Vancouver bus drivers supports the new law, but is calling on the province to give guidance to TransLink in providing more night buses.
“The SkyTrain stops at 1 a.m., and night bus service is pretty sparse,” union head Don MacLeod said.
Amrik Mahil, president Black Top and Checker Cabs, is among the biggest fans of the new laws.
For Vancouver cabbies hit with an ongoing recession, the HST and a loss of business to TransLink’s new Canada Line, business is already looking better this week, Mahil said.
“I’m pretty confident we’re going to get more customers,” he said.
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