Low Level Impaired Driving

Impaired Driving CounterAttack logoThere was an interesting discussion in a driving forum that I moderated on the internet. The initiator of that discussion wondered why he had been hassled by the police for impaired driving when his blood alcohol level was less than the legal limit of .08.

Only Blew a Warning

He felt that a 24 hour prohibition was inappropriate when he "only blew a warning." A warning reading on an Approved Screening Device means a blood alcohol level of between .06 and .09.

If You Drink, Don't Drive

The people who follow the philosophy that if you drink, don't drive and if you drive, don't drink are among the few who truly understand what is safe in my view.

Alcohol is Impairing at Any Level

I've always wondered why the law waits until a driver has a blood alcohol concentration (BAC) of .05 or more before any action is taken. Impairment truly begins before this BAC level.

Low Level Penalty Suggestion

A number of years ago the provincial government surveyed the police with regard to traffic enforcement. At that time I suggested there should be a ticket, much the same way as speeding is dealt with, for those who drink and drive.

  • For zero to .02 or about the value of one drink, nothing would happen.
  • Between .02 and .035 fine comparable to the first level of speeding ticket should be issued.
  • .035 to .05 would see an increased fine. 
  • .050 to .075 and .075 to .10 would complete the range.
  • Levels 3 and 4 would also include a prohibition.

To some extent, this has been implemented with the Immediate Roadside Prohibition program for the higher levels.

Impaired Driving vs Speeding Risk

I've always thought it strange that a driver travelling 20 km/h over the speed limit received a ticket if caught and a driver with a BAC lower than .06 was told to drive carefully and allowed to continue on his or her way.

There is no doubt in my mind that the driver with that BAC is more dangerous than the driver with the slightly heavy foot.

The Law Continues to Evolve

B.C.'s impaired driving rules have slowly become more restrictive since then, but other contrasts exist. Health legislation requires a smoker to keep away from me, but it's still all right to have a drink or two and get behind the wheel where you can kill me instantly. 

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As I was reading this was thinking an excellent article for this long weekend, unfortunately many are not going to read till after the weekend.

As a person that admits to having a heavy foot it has always been one of my complaints regarding the issuing of tickets. I have always said the reason speeders are picked on is one can sit on the side of the road and just pick us off. And due to over a 100 years of brainwashing by law enforcement the majority go along with this policy. On the other hand if you were working in a factory and had claimed one activity was the cause of the majority of the accidents yet the accident rate hadn't changed. Do you think you would still be employed?

When you are doing the enforcement and investigating the accidents ones biases can influence the report. And it always bothers me that hours are spent investigating accidents yet it is almost impossible to get the results. The reports need to be easily available on a website. There should be no need to go through FOI to only receive a redacted report. Going one step further perhaps where a serious accident happened a QR code can be transmitting to each vehicle the full report to be available the next time the vehicle is turned off.

I'm going back a few decades here but I remember a accident in Vancouver where a person ran a red light and T-boned a vehicle in the intersection. The cause of this accident was considered an alcohol related accident. The person that ran the red light was sober, the person that was hit blew over the legal limit. Therefore it was considered a alcohol related accident. I do not believe in drinking and driving and much favour the 0.0 level. I use this incident to show how statistics can be manipulated to emphasis your point. How many accidents are put onto the speeder when it really was another factor? Above accident was not caused by impairment it was caused by running a red light. Yet that was not what it was classified as. I have no idea what the tickets issued were, just what was considered the cause of the accident. 

Back in the infancy of the Internet I came across a report regarding fatigue. I forget how many hours one had to drive before they could be considered at the same level as an impaired driver. It made a big impression on me as up to that point I was one that thought nothing of driving non-stop between fill ups. It changed my attitude. 

It changed my attitude and it was an argument I used with a friend that never drove over the speed limit. I would ask him who would he prefer to be the next vehicle in line. The person that had just taken a break and driving over the speed limit or the person that had been behind the wheel for several hours with no break?

So back to my old argument on this. If the police really wanted to lower the accident rate they would forget about the speeders and focus instead on poor driving habits. Where the problem comes is you can sit on the side of the road and just pick off the speeders, the other requires a little work. 

Then due to the 100+ years of brainwashing even getting a judge to agree that someone that is driving the speed limit or slower can be a hazard will take a lot of work.  

Technology has come a long way. It is impossible for a police officer to tell by observing a vehicle doing the speed limit whether the person is impaired by drugs, alcohol, fatigue. The enhanced safety features in new vehicles can. Currently Audi, Mercedes and Volvo do monitor for drowsiness. It won't be long before all new models are. Maybe in the future as the police are sitting on the side of the road harassing speeders as each vehicle approaches it will transmit a signal saying hey this drivers impaired by ?? and should be pulled off the road and issued a ticket the same as the speeder. Or better yet pull to the side of the road and not be able to put in motion till minimum conditions met.

After a hundred years of picking on one aspect, technology will enable the police to go after the real problem on our highways. 

According to ICBC there were 192,347 speeding tickets issued in 2023. That's 192,347 opportunities for an officer to stick their head into a vehicle and have a good look.

I often led with my nose to see if I could smell liquor in the vehicle. Today's impaired driving laws mean 192,347 opportunities to test the driver even if the odour of liquor is not detected.

An experienced officer will look beyond the ticket and find other things to investigate, but you seldom hear about this. Some pretty spectacular finds result from investigating "routine" traffic violations.

For the record I’m a none drinker for the past 8 years, but I was a social drinker for 50 years prior to that. I quit drinking alcoholic because I wanted to, no other reason. I think you are absolutely wrong on this. If β€œ.08” is the legal limit then in my opinion any thing below this level should have no consequences. Just as if the speed limit is 100 km per hour, there are no consequences for driving at 95 km per hour.

Pretty sure most people that enjoy a drink have driven at one time or another. We have always presumed that β€œone drink will be ok” but we also know that depending on the person, emotions and type of drink, you may not be fine.

If you are driving 20k over the speed limit and had one strong drink then this is not safe.

Hope many read this column and remember the content when December rolls around and the Christmas parties begin!

while i agree that alcohol consumption may be more hazardous than minor speeding, when you say "20 kph over the speed limit" it might depend on whether it's in a 30 zone or a 110 zone, (the braking distance at 50 is 2.8 times as long as it is at 30, and you have to process information almost twice as fast).

And it might depend on what BAC we're comparing it too (.03, .05, .07?)

I don't know how much .03 slows your scan and response times, (but I bet there are studies).
I know in the 70s, after a set of tennis, lunch and a pint (so: tired, full, and at least .04) I couldn't even hit the ball; forget getting it back over the net.

We still haven't dropped our societal acceptance of "casual" drinking, even though we now know it affects not just our driving, but our general health.