September 17, 2008

Changes to impaired driving laws

New laws on impaired driving came into effect July 2, 2008, which affects the LSS booklet What to Do If You Are Charged with a Drinking and Driving Offence. If you use this booklet, note that the information is still accurate for anyone who was charged with impaired driving on or before July 1, 2008, but does not apply to people facing charges laid on or after July 2, 2008.

The changes mean that anyone charged with a drinking and driving offence (driving under the influence of alcohol and/or drugs) on or after July 2, 2008 will now:

• face a maximum penalty of a life sentence for causing death, and a maximum 10-year sentence for causing bodily harm if his or her blood alcohol concentration is over .08%;
• be required to consent to valid police demands for physical co-ordination tests and/or blood, urine, or saliva samples;
• be charged with a criminal offence for refusing or failing to consent to a demand for physical co-ordination tests or blood, urine, or saliva samples;
• be more restricted in the ability to use some of the defences listed on page 11 of the current booklet;
• face higher minimum penalties, such as:
  • a $1,000 fine for a first offence,
  • a 30-day jail sentence for a second offence, or
  • a 120-day jail sentence for a third offence;
  AND
• face a higher maximum penalty for a summary conviction — 18 months in jail instead of 6 months.

LSS has added an update sticker and insert to the existing booklet to set out these changes, and we'll continue to distribute this edition. Find it on our website. We're also creating a new booklet for people who face charges laid on or after July 2, 2008.