Criminal Code 0.05% BAC law will decrease impaired driving

**BEK** · 01-11-06, 05:14 PM

Criminal Code 0.05% BAC law will decrease impaired driving in Canada

'Our impaired driving problem can't be blamed on so-called 'hard core' drinking drivers'

A federal 0.05% BAC offence will reduce the number of impaired drivers on Canadian roads. Most important, a new federal law will reduce the amount of alcohol consumed by all categories of drinking drivers, from social drinkers to hard core drinkers, states Mothers Against Drunk Driving (MADD Canada).

Because of its general impact across the population of drinking drivers, a 0.05% BAC law is an effective means of significantly decreasing impaired driving deaths and injuries -- contends the national victims' organization.

"Research and the real world experience in the United States, Western Europe and Australia indicate that when you reduce a legal limit, it affects the behaviour of all drinking drivers", says Professor Robert Solomon, Faculty of Law, University of Western Ontario and MADD Canada's National Director of Legal Policy. "Studies in Sweden and Australia suggest that the greatest reductions are likely to be among hard-core drinking drivers. In general, those people who drink and drive will drink less - ensuring greater safety for all users of the roads."

Professor Solomon is troubled by the alcohol industry and others who are mischaracterizing the impaired driving problem in Canada by 'simply blaming it all on hard-core drinking drivers' (problem drinkers who routinely drive with a BAC above 0.15%). He states, 'Our impaired driving problem can't be blamed on so-called 'hard core' drinking drivers.'

He explains that the hard-core drinking driver mythology ignores the large number of social drinkers who occasionally drink to excess and then drive with high BACs. Nor does this mythology consider the many young males who go through a period of occasional binge drinking. These people are not problem or hard-core drinking drivers, but they are dramatically over-represented in Canada's impaired driving fatalities.

Andrew Murie, MADD Canada's Chief Executive Officer believes the federal Parliament needs to consider the merits of new BAC legislation. "It is time for a full review of the issue. The scientific evidence indicates that a 0.05% Criminal Code offence will save lives. We know that with a new law, drinking drivers will adjust their behaviour and actually drink less before driving their vehicles. And the international experience suggests that a new law will serve as an effective deterrent with high BAC impaired drivers. "

Mr. Murie adds, "While the rest of the world is lowering BAC limits and reducing traffic deaths, the Canadian government is mired in inertia. MADD Canada wants Parliament to put the interests of sober, responsible drivers first, and introduce more effective impaired driving laws to reduce the unnecessary deaths and carnage on our roads."

**KaiGywer** · 01-11-06, 05:24 PM

They're catching up to most of Europe

Now if only the US would follow suit. We just lowered it from 0.10 to 0.08 here in MN. Back in Norway, where I'm from, it's 0.02. Better not have that one beer

**Iron Man** · 01-11-06, 06:01 PM

It won't lower the amount of drunks it will increase them. People that would otherwise not be considered intoxicated (.06) would then be considered intoxicated.

It won't work.

Lets be honest .05% is not drunk either.

**Curt581** · 01-11-06, 06:04 PM

+1

Going to .05 is a tad overboard. The .08 limit works just fine.

**chris2001** · 01-11-06, 06:06 PM

As my Chief and Detective tell us all the time. We are not trully concerned with the ones that are blowing the .07,.08 or .09 we want the ones that are .10 or higher. Reason for that is I have to drive 30 miles to the jail. So by the time i get there there BAC has decreased and I am SOL anyways.

**Iron Man** · 01-11-06, 06:12 PM

Originally Posted by chris2001

As my Chief and Detective tell us all the time. We are not trully concerned with the ones that are blowing the .07,.08 or .09 we want the ones that are .10 or higher. Reason for that is I have to drive 30 miles to the jail. So by the time i get there there BAC has decreased and I am SOL anyways.

Yeah I would agree with that.

**Retdetsgt** · 01-11-06, 06:49 PM

Originally Posted by ThisGlock40

It won't lower the amount of drunks it will increase them. People that would otherwise not be considered intoxicated (.06) would then be considered intoxicated.

It won't work.

Lets be honest .05% is not drunk either.

Yep. It will only generate more arrests. I never worked traffic, but a couple of friends of mine there talked about the people they busted for crashing when drunk were almost always well over .12%.

I'm not a fan of straight BAC being grounds to convict anyway. I've seen people on their respective asses at .05 and others at .15 seem to be in pretty good control.

**BEK** · 01-11-06, 07:43 PM

Originally Posted by KaiGywer

They're catching up to most of Europe

Now if only the US would follow suit. We just lowered it from 0.10 to 0.08 here in MN. Back in Norway, where I'm from, it's 0.02. Better not have that one beer

I see that the DWI law is headed that way from .08 to .05 why because of Fed funding. so all the feds have to do is say if you want money lower your limit and the states will eventually do it, it wont happen in the next 5 years but it will happen i believe

**The Punisher** · 01-11-06, 09:45 PM

If it ain't broke...

**StanSwitek** · 01-12-06, 04:15 AM

Originally Posted by ThisGlock40

It won't lower the amount of drunks it will increase them. People that would otherwise not be considered intoxicated (.06) would then be considered intoxicated.

It won't work.

Lets be honest .05% is not drunk either.

.05 is far from drunk but impairment in operating a motor vehicle exists at .05% BA.

**Virginian** · 01-12-06, 08:56 AM

Can we change that last option from "bike" to "moped"?

**kdm0409** · 01-12-06, 09:27 AM

Originally Posted by Retdetsgt

I'm not a fan of straight BAC being grounds to convict anyway. I've seen people on their respective asses at .05 and others at .15 seem to be in pretty good control.

Good point... I have been a "drinker" for the field sobriety class a few times...free alcohol lol...anyways some of the guys there with me were plastered and they were only about .05-.07...hell I was fine and was drinking away and not showing any signs and I was .10...Of course that was during a not so good time in my life and I was putting away some drinks...now I could probably have 1 or 2 and be plastered lol

**chris2001** · 01-12-06, 04:19 PM

Originally Posted by BEK320

I see that the DWI law is headed that way from .08 to .05 why because of Fed funding. so all the feds have to do is say if you want money lower your limit and the states will eventually do it, it wont happen in the next 5 years but it will happen i believe

Actually thats how most of the states dropped the limit from .10 to .08 is because they were told that if they wanted the Federal money that they will drop it within a certain time frame. Hince now why every state has a .08 limit. If the Goverment wants it lower they will make it happen. All they have to do is threaten to take away money.

**Retdetsgt** · 01-12-06, 05:27 PM

Most of it is MADD driven, not based on good common sense. Being a one trick pony, they have to constantly bitch or people'll quit giving them money and they'll have to get real jobs.

**Iron Man** · 01-12-06, 05:42 PM

MADD

I'm with you Sarge

**Terminator** · 01-12-06, 05:42 PM

Originally Posted by Retdetsgt

Most of it is MADD driven, not based on good common sense. Being a one trick pony, they have to constantly bitch or people'll quit giving them money and they'll have to get real jobs.

HAHA>>>LMAO!!!!

**Ducky** · 01-12-06, 05:57 PM

Why not change it to how impaired someone is? I wouldn't be safe behind the wheel if I'd had Sudafed, but it takes several drinks to equal the same impairment. Or am I being silly in a way I'm not seeing?

**Darin** · 01-12-06, 06:02 PM

Originally Posted by Stan Switek

.05 is far from drunk but impairment in operating a motor vehicle exists at .05% BA.

Bingo! Impairment is the key word.

I don't think a %.05 is necessary. The .08 is fine. You can still get a conviction of DUI at .06% if you can articulate impairment at time of the SFST. Conviction is not likely as most are plead to reckless driving but it is still possible.

**Darin** · 01-12-06, 06:04 PM

You don't have to be drunk off your ass to be DUI.

**chris2001** · 01-12-06, 06:05 PM

Thats the thing ducky. When we stop someone and ask them they always say I only had a couple. Well a couple of drinks to one person means they are lucky to walk, while others are not any different than they are when they have had nothing to drink. The idea is to stop people from driving impaired. And that is where all people get hung up. People do not seem to get the notion that driving drunk/impaired is not a good idea. That they can and will kill someone for doing such things. I have watched a best friend of mine die after his motorcycle was hit by a guy that was DUI. Also had another friend that was killed because she was hit by a guy that was DUI. She was later found in a gully three days later dead. The only reason her guy was found is because there was a house nearby that had surveilance cameras and it was able to get a feed of the accident. Hince why I am an asshole to those that I find DUI.