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Changes coming to drunk driving law

The provincial government is ready to introduce changes to BC's impaired driving laws.

The changes were necessary after Justice Jon Sigurdson ruled in December parts of the law violate drivers rights by imposing roadside penalties without providing an adequate process for appeal.

The law came into effect in September, 2010, however, instead of throwing out the law altogether, Justice Sigurdson gave the province six months to fix it.

The portion of the law found to be unconstitutional allowed police to immediately issue roadside suspensions up to 90 days and impose hefty fines for anyone blowing over .08.

Justice Sigurdsen ruled the section of the law was too harsh without a meaningful appeal process.

Changes announced Thursday by Justice Minister, Shirley Bond, make it mandatory for police to advise drivers of their right to challenge the first test result by completing a second test.

It would also require officers to advise drivers that the lower of the two readings will prevail. Currently, when a driver opts for a second test, it is that result which would prevail, whether it's higher or lower.

Other amendments include:

  • Expanding grounds for administrative review of an immediate roadside prohibition
  • Requiring sworn reports from police to the superintendent
  • Requiring police to submit documentation about the calibration of the ASD device or devices used.

"This is about maintaining the proven, life saving value of our impaired driving law while ensuring that we fully comply with the requirements of the Charter," says Bond.

"We want police, drivers and judges to have utmost confidence in the reliability of the roadside procedure and the fairness of reviews to those who dispute the results."

Bond says the province's tough, immediate roadside prohibitions will continue to deter people from drinking and driving and continue to enable police to immediately remove alcohol-impaired drivers from the road.

She says the province hopes to pass the proposed amendments during the spring sitting of the legislature and bring them into law by June 15.

From October 1, 2010 to September 30, 2011, 68 people were killed in alcohol-related motor vehicle incidents, down 40 per cent from the previous year.

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