New B.C. Impaired Driving Law In Effect Today

Tough New Laws Kick-in Sept. 20,2010

Fail or Refuse Breath Sample Costs You $4060

Penalties

Beginning on Sept. 20 2010, more immediate and severe penalties will apply if:

• You are caught driving with a blood-alcohol content (BAC) between 0.05 and 0.08 per cent, OR
• Your BAC is above 0.08 per cent, OR
• You refuse to provide a breath sample.

As well, the new penalties will become more severe for repeat offences.

If a police officer suspects you are driving impaired, they will ask you to provide a breath sample at the roadside, into a roadside screening device. Depending on the BAC in the sample, the device will either indicate Pass, Warn or Fail.

PASS means your breath sample contains a BAC below 0.05 per cent. 

WARN means your breath sample is between 0.05 and 0.08 per cent BAC. If you are caught in this range:

The first time within a five-year period:

• You will lose your driver’s licence for three days.
• You may also lose your vehicle for three days. If you do, you will pay all related towing and storage fees.
• You will pay a $200 administrative driving penalty and a $250 driver's licence reinstatement fee.
  
  

The second time within a five-year period:

• You will lose your driver’s licence immediately, for seven days.
• You may also lose your vehicle for seven days. If you do, you will pay all related towing and storage fees.
• You will pay a $300 penalty and a $250 driver's licence reinstatement fee.

The third time within a five-year period:

• You will lose your driver’s licence and your vehicle immediately, for 30 days.
• You will pay all related towing and storage fees.
• You will pay a $400 administrative driving penalty and a $250 driver's licence reinstatement fee.
• To regain your driving privileges, you will have to complete the Responsible Drivers Program [PDF] and have to use an Ignition Interlock Device [PDF] whenever you drive, for one full year, following your driving suspension.

FAIL means your BAC is above 0.08 per cent. If you fail or refuse to provide a breath sample:

• You will immediately lose your driver’s licence for 90 days and your vehicle for 30 days.
• You will pay all related towing and storage fees.
• You will pay a $500 administrative driving penalty and a $250 driver's licence reinstatement fee.
• To regain your driving privileges, you will have to complete the Responsible Drivers Program [PDF] and have to use an Ignition Interlock Device [PDF] whenever you drive, for one full year, following your driving suspension.
• In all, you will face administrative sanctions that will cost you about $4,060 before you can legally operate a motor vehicle again in B.C.
• You may also face charges under the Criminal Code of Canada.