Low Level Impaired Driving

Impaired Driving CounterAttack logo There 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.