BC

British Columbia's tough drinking and driving laws, which include automatic licence suspensions and other penalties, are being challenged in the province's highest court tomorrow.

The case stems from a lower-court ruling where the law was overturned for those who blew a fail at the roadside.

The provincial government changed the law to comply with the judge's order, but the BC Civil Liberties Association says the legislation doesn't go far enough to ensure drivers constitutional rights aren't being violated.

The association is an intervener in the case.

BCCLA lawyer Raji Mangat says there's proof that the roadside screening devices aren't always accurate, and people should be presumed innocent until they are tested in custody with a lawyer present.

Last month, the BC government announced more than 1,100 motorists who failed roadside breathalizer tests, before the law was found unconstitutional, will have some of their punishments overturned but their drunk driving penalty will not be erased.