III) Impaired Driving Sanctions and Countermeasures

Background

In Manitoba, as in all provinces, there are two sets of laws that apply to impaired drivers: the federal Criminal Code and the provincial Highway Traffic Act (HTA). Only the federal government in Ottawa has the power to make changes to the Criminal Code's laws and penalties for driving while impaired, driving with a BAC over .08, and refusing to provide a breath or blood sample. The Government of Manitoba has jurisdiction over road safety and has the power to impose sanctions for impaired driving, like driver's licence suspensions, through the HTA.

HTA Laws and Sanctions for Impaired Driving

• 24 hour licence suspension for driving with a BAC over .05 or refusing a breath or blood test.
• Drivers with two or more over .05 incidents in three years must complete the Addictions Foundation of Manitoba (AFM) program in order to regain their licence.
• Vehicle impoundment and immediate three-month licence suspension for driving over .08 or refusing a breath or blood test.
• If the driver's BAC is under .16 the vehicle impoundment period is 30 days for a first offence and 90 days for repeat offenders.
• If the driver's BAC is over .16 the vehicle impoundment period is 60 days for a first offence and 180 days for repeat offenders.
• Licence suspension upon conviction for impaired driving, driving over .08 or driving while disqualified (1 year for a 1^st offender and 5 years for repeat offenders).
• Licence suspension upon conviction for refusing a breath or blood test (2 years for a 1^st offender and 7 years for repeat offenders).
• Suspended drivers cannot legally drive again without completing an AFM alcohol/drug assessment and intervention programs (if required).
• The criterion for determining a repeat offender for the purpose of licence suspensions upon conviction is having two or more convictions within five years.
• Vehicle impoundment for driving while disqualified (1^st offence 30 days; repeat offenders 90 days).

Potential New Countermeasures

1. Vehicle Forfeiture
   Some U.S. jurisdictions, like Minnesota, have laws that require vehicles driven by repeat impaired drivers to be sold with the proceeds of sale forfeited to the government. So far, no jurisdiction in Canada has enacted similar vehicle forfeiture legislation for impaired driving offences. The Government of Manitoba is considering whether it should implement vehicle forfeiture and, if so, whether forfeiture should apply only to driving offences resulting in bodily harm or death, to those offences plus repeat impaired driving offences or to all repeat offenders who commit any Criminal Code driving related offence that would result in a mandatory licence suspension under the HTA.
2. Alcohol Ignition Interlock Devices
   Ignition interlocks are breathalyzer units that prevent a vehicle from being started if the driver's BAC is above a set level (e.g. .02) and require random breath tests after the vehicle has been started and is being driven. A random test failure results in the horn sounding and lights flashing unless the driver stops driving. Ignition Interlock units record every driving trip and breath test and the data is reviewed every 30 to 60 days. Research has shown that ignition interlock devices are effective in preventing impaired driving while installed in the vehicles. However, ignition interlock users are just as likely to re-offend as other drivers once the device is removed if they are not linked with other intervention programs. Ignition interlock devices are virtually tamper proof, but it is possible that drivers could drink and drive by using another vehicle that does not have the device.

   Ignition interlock users must pay an installation fee of $184 and a monthly rental service fee of $102. That cost would be added to the minimum $600 court fine, $350 relicencing fee, $270 AFM fee and $130 Licence Suspension Appeal Board fee resulting in a total relicencing cost of $2,452 for a typical nine month conditional licence period for a first offender. That could be cost prohibitive and cause drivers to choose instead to drive while suspended. Alberta and Quebec require ignition interlock devices as a condition for all suspended drivers who want to obtain a conditional driver's licence for the duration of their licence suspension. First time impaired drivers can only obtain conditional work licences during their one year court imposed Criminal Code driving prohibition if they participate in a provincially approved ignition interlock program.

3. Lifetime Driver's Licence Suspensions
   Nova Scotia, Ontario, BC and the Yukon provide for a lifetime or indefinite driver's licence suspension for persons who accumulate three or more impaired driving offences within five years. The Government of Manitoba is considering whether it should implement lifetime driver's licence suspensions and if so, whether those suspensions should apply only to driving offences resulting in bodily harm or death, to those offences plus repeat impaired driving offences or to all repeat offenders who commit any Criminal Code driving related offence that would result in a mandatory licence suspension under the HTA.

Issues for consideration

1. What do you think about the idea of a vehicle forfeiture sanction and, if you approve of it, when should it apply?

    

    

2. What do you think about the idea of implementing an ignition interlock program in Manitoba?

    

    

3. What do you think about the idea of increasing the one and five year and two and seven year licence suspension periods?

    

    

4. What do you think about lifetime licence suspensions and, if you approve of them, when should they apply?

    

    

5. Are you concerned that tougher sanctions could result in more suspended driving and police chases?

    

    

6. What do you think about allowing licence suspensions to be reduced if the suspended driver participates in a program such as a residential treatment program, community service or an ignition interlock program?

    

    

7. What, if anything, should be done to target hardcore repeat impaired drivers and suspended drivers (e.g. prohibiting them from purchasing, leasing and registering a motor vehicle)?

    

    

8. What other countermeasures should be considered for Manitoba's impaired driving program?

    

    

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