MADD Canada applauds Ontario’s revised roadside suspension laws

May 2009 - MADD Canada is dispelling the misinformation about Ontario’s recent revisions to its short-term administrative licence suspension (ALS) program for drivers with blood-alcohol concentrations (BACs) between .05% and .08%.

Under the revisions, drivers with BACs over .05% will receive a 3-day ALS for a first infraction, and a 7-day ALS and mandatory remedial education program for a second infraction. Subsequent breaches will trigger a 30-day ALS, mandatory treatment and a 6-month ignition interlock order.

The changes came into force just weeks ago, but they have already come under fire from some journalists and criminal lawyers. They claim, among other things, that the new provisions will penalize social drinkers.

These provisions will not prevent what most Canadians would call ‘social drinking.’ It takes more than a drink or two for most people to reach a .05% BAC. For example, an average 185lb man who had three drinks, and a 130lb woman who had two drinks, in two hours on an empty stomach, would still be under the limit.

It is also claimed that many drivers would not be at all impaired at .05% BAC. Yet international studies over five decades show that even small amounts of alcohol adversely affect driving skills and performance, which explains why virtually all leading medical, accident prevention and traffic safety organizations in the world support BAC limits of .05% or lower.

Critics contend that approved screening devices (ASDs), which have long been used to measure BACs at roadside, can give false high readings if the driver smoked a cigarette, chewed gum or used mouthwash. However, ASDs are sophisticated instruments that must meet rigorous federal standards. Their readings are not affected by these substances, and their accuracy has not been successfully challenged on these grounds.

Far from being radical, the changes are not especially novel, even by Canadian standards. Ontario has had a .05% ALS since the 1980s, and the changes simply strengthened the existing law. Even still, Ontario’s amendments fall short of the comprehensive .05% ALS model developed by MADD Canada in conjunction with a federal/provincial traffic safety organization. Other provinces – most recently Prince Edward Island – already have many of the progressive features of the comprehensive model, including escalating sanctions and mandatory remedial programs for repeat infractions. In turn, the model is modest compared to the .05% laws in most other countries.

Ontario’s revised .05% ALS program is now one of the best in the country and the province should be praised, not condemned, for this significant traffic safety initiative.

For more information, please see: Ontario’s New ALS Law