Canadian MP Proposes New Impaired Driving Law at 0.05% BAC Level
Canadian Member of Parliament, Ron Cannan, introduced a new bill on Oct. 31, 2006 that would set the legal BAC level at 0.05% for drinking and driving.
It is no surprise that MADD of Canada whole-heartedly supports the new bill, touting that the bill will effectively reduce the amount of alcohol a person can currently drink and then drive, legally.
The new law would be incorporated into Canada's existing Criminal Code of impaired driving offences, but holds lesser penalties than those given for a 0.08% BAC limit. Under this law, first offenders of driving with Blood Alcohol Content of .05% and up to .07% would be ticketed, fined $300 and have their driving privileges suspended for 45 days. Subsequent DUI offences would be punishable by a $600 fine and a 90-day suspension of driving privileges.
Currently in the United States an individual with a BAC of .08% can be charged with Driving Under the Influence. Despite the fact that the 2005 National Highway Traffic Safety Administration (NHTSA ) report on alcohol-related traffic fatalities noted that over half of drivers involved in a fatal crash had a BAC level of .16% or higher, twice the legal limit, and that the most frequently recorded BAC level was .17%.
Similarly, The Ontario Community Council on Impaired Driving reported that most drivers involved in alcohol-related fatal traffic accidents in Canada have a very high BAC level. The majority of those drivers were repeat offenders with BACs over 0.15 %, which suggests the problem lies with hard-core drinkers, not the social drinkers who have a glass or two of wine.
MacLean's , a leading Canadian magazine, reported last year that the Ontario Community Council on Impaired Driving determined that lowering the Criminal Code BAC level would not be a priority and noted that a lower BAC would result in more work for law enforcement and the courts. They, along with the Canada Safety Council, the Canadian Council of Motor Transport Administrators and the Traffic Injury Research Foundation all take issue with MADD's lower BAC campaign, as the campaign is based upon a questionable study with unrelated and outdated information.
Misinterpretation of statistics appears to be a common tactic employed by those advocating stricter DUI laws, both in Canada and the United States. The U.S. National Highway Traffic Safety Administration (NHTSA) continually includes "non occupants" (pedestrians and pedacyclists) with a BAC of .08+ in their annual reports on alcohol-related traffic fatalities. Those numbers are then used as evidence for setting BAC levels and imposing increasingly harsher penalties for driving under the influence offenses.
As MADD of Canada is striving to reduce BAC levels in Canada, MADD of the U.S. currently maintains that they believe the appropriate legal limit in the U.S. should be .08%. Only time will tell how long they hold onto that belief.
If you have been arrested and charged with Drunk Driving or DUI in Southern California it is vital that you seek legal help from an experienced Southern California DUI lawyer. California DUI and Drunk Driving laws are continually changing and complex. As Drunk Driving and DUI Defense Attorneys, The Law Offices of Thomas Wallin are highly experienced at building a strong DUI defense for their clients that can minimize DUI penalties. Contact the Law Offices of Thomas Wallin for a FREE CONSULTATION immediately, if you have been arrested for DUI or Drunk Driving in California.
Our Firm represents individuals accused of DUI and drunk driving throughout Southern California, including Driving Under the Influence cases in Orange County , Los Angeles, Riverside , San Bernardino and San Diego .
