BRITISH Columbia's strict drinking and driving laws took a hit Wednesday when the B.C. Supreme Court decreed part of the legislation unconstitutional.
Despite the verdict, Peter Lepine, WVPD's chief constable and president of the B.C. Association of Chiefs of Police, stood by the program.
"The bottom line for police at all levels in this province has always been that the immediate roadside prohibition program saved lives," Lepine stated in a release.
The B.C. regulations, implemented in September 2010, gave officers authority to issue immediate 90-day driving suspensions on drivers who registered a blood-alcohol content greater than .08 on a breathalyzer.
However, those methods infringe on individual rights and violate the Canadian Charter of Rights and Freedoms, according to Justice Jon Sigurdson's ruling.
Following the ruling will likely slow down police officers, according to North Vancouver RCMP Cpl. Richard De Jong, but drunk drivers will still be prosecuted.
"You're looking at a minimum of three hours before you're even back on the road," he said, describing the time it takes to tow the driver's vehicle, contact legalaid, and find another officer to test the driver's blood-alcohol content.
Officers spent about 45 minutes dealing with impaired drivers under the regulations in the roadside prohibition program, according to De Jong. "Both systems were effective," he said. "One's more expedient."
Drivers who fail a breathalyzer test will be given a 24-hour driving suspension, but drunk drivers can only be issued a 90-day driving suspension after a 21-day review.
Under the immediate roadside prohibition program, those drivers faced immediate suspensions and fines and fees costing as much as $4,000.
Describing the judgment as "predictable," B.C. Civil Liberties Association executive director David Eby applauded the decision.
"You can't fine someone more than $10,000, take away their licence for three months, and basically imperil their livelihood without giving them a meaningful chance to review the evidence," he said.
The legislation was responsible for saving lives, according to B.C. Attorney General Shirley Bond, who, in a press release, credited the program with decreasing last year's drunk driving fatalities by 40 per cent.
The legislation remains unchanged for drivers who register a blood alcohol content between 0.05 and 0.08. Those motorists can face a 30-day driving ban, and as much as $3,960 in fines.
"I do note that if you got a parking ticket in the City of Vancouver, you'd have more procedural protection than you have right now if you're alleged to have blown over 0.05," Eby said.
The right to appeal is essential, according to Eby.
"There's a lot of faith the public has in technology and in our police, and they should, but these things are not perfect, and people need the opportunity to appeal," Eby said, mentioning the fallibility of breathalyzers as an important component in the case.
"The issue was illustrated when the province had to recalibrate all of the handheld breathalyzer devices in the province," he said, referring to the numerous misfiring roadside breathalyzers which needed to be reset last year.
The Supreme Court's verdict came just days after the beginning of the CounterAttack program.
On the North Shore, drinking drivers are encouraged to call a volunteer at Operation Red Nose to get them home over the holidays. Run by the North Shore Rotary clubs and ICBC, the charitable program is scheduled to hit the roads each weekend until Dec. 31.
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