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November 22, 2005

THE ELEMENTS OF A WORKABLE 0.05% BAC CRIMINAL CODE OFFENCE

The proposed 0.05% BAC law is designed to maximize the deterrent impact of the law, minimize the administrative burden on the criminal justice system, and appropriately sanction offenders.

The Criminal Code should be amended to create a new summary conviction offence for driving with a BAC above 0.05% (therefore, the practical, real-life limit would be set at 0.07% BAC given the 0.02% BAC margin of error currently allowed by our courts). The new offence would complement the existing Criminal Code impaired driving offences, and be compatible with the current provincial and territorial short-term roadside licence suspension legislation. Similarly, the current Criminal Code provisions relating to demanding breath and blood samples, the consequences of refusing such demands, and the admissibility of the test results would apply to the proposed 0.05% BAC offence.

In addition to the BAC limit itself, the 0.05% BAC offence would differ from the existing 0.08% BAC offence in three significant ways:

• First, the 0.05% BAC offence would contain ticketing provisions.  The ticket would explain the consequences of pleading guilty and the process for contesting a charge. If the accused pleads not guilty, the case would proceed like any other federal summary conviction offence. However, an accused who pleads guilty would not need to make a court appearance. The ticket would explain the obligation to pay the fine and that the driver would be subject to an automatic federal driving prohibition.
• Second, in keeping with the reduced risks involved, the penalties for the 0.05% offence would be less onerous than those for the 0.08% offence. A first conviction would be punishable by a $300 fine and a 45-day federal driving prohibition. Subsequent offences would be subject to a $600 fine and a 90-day federal driving prohibition.
• Third, the proposed 0.05% BAC offence would be subject to special criminal record provisions. Offenders who did not have a subsequent Criminal Code impaired driving conviction within two years would be deemed not to have a criminal record for the 0.05% BAC offence and the information relating to it would automatically be destroyed. Consequently, an accused would not have to go to trial simply to avoid having a permanent criminal record.

The proposed 0.05% BAC offence is designed to deter impaired driving without being unduly punitive or creating unacceptable burdens on the police and the courts.  Moreover, the option of pleading guilty without having to go to court may discourage accused persons from needlessly challenging the charges.

For further information or to arrange an interview:

Sandy Melo, c/o Senator LeBreton
(613) 943-0756

Also see:

Senate Bill will establish new impaired driving law at 0.05% BAC level

Canadians overwhelmingly support lower drinking limits for drivers

SES Survey (PDF)