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Province to review impaired driving laws

B.C.'s tough new impaired driving laws are having an unintended consequence, according to Solicitor General Rich Coleman.

B.C.'s tough new impaired driving laws are having an unintended consequence, according to Solicitor General Rich Coleman. His office has received numerous complaints from the food and beverage industry, with some businesses claiming a sales drop between 15 and 30 per cent.

Coleman said he would review the law in light of this new information, although he has not committed to changing the laws or penalties - now Canada's toughest - in any way.

However, he said he does see the need for a public education campaign about what the new laws mean - something a Whistler pub said was necessary from the start. Without information about what the 0.05 limit means, customers are spending less, forgoing alcohol with meals, or avoiding bars and restaurants entirely.

"I think it's a big education piece," Coleman told the CBC. "I think people don't understand they can still go in and have a couple of glasses of wine with dinner and still be OK."

Coleman followed up with a letter explaining his decision to review the new laws, as well as to explain why the province went in the direction it did.

Under the new laws, Immediate Roadside Prohibitions (IRPs) go into effect for drivers who test in the "warn" range - 0.05 to 0.08 per cent on an approved roadside screening device. The penalty for a first offence is a three-day driving prohibition and impoundment, a $200 fine and a $225 fee for reinstating your licence. A first offence can cost $600 or higher, and three offences in a two-year period will result in a 30-day impoundment and other penalties reserved for drivers who fail the roadside test.

Previously, testing in the warn range would result in a 24-hour licence suspension and possibly the cost of a tow.

The penalties for drivers who fail the test are also more significant, with an immediate 90-day driving prohibition, 30-day vehicle impoundment, fines and other costs such as the mandatory installation of an in-vehicle breathalyzer and interlock device. A first offence can cost $4,000.

Bar and restaurant owners are in confusion over what 0.05 per cent blood alcohol content means in terms of consumption, and don't know what to tell customers. At the same time it's difficult to say whether one or more drinks is OK because there are a variety of factors that come into play such as gender, weight, how quickly the drink was consumed, whether a person has eaten or is on any medication, and so on.

Ian Tostenson, the president of the B.C. Restaurant and Foodservices Association (BCRFA), says the decline in business caught everyone by surprise.

"We really didn't anticipate that reaction," he said.

The BCRFA would like to see the province roll back the laws for people in the warn range, or to allow the police some discretion in deciding what penalties to impose.

"I'm talking about people who have had a glass of wine or something in moderation, and had no intention of drinking and driving - but depending on their body weight after one wine they could be close to or over 0.05. Right now it's a matter of taking your car away, in addition to all these fines. An officer should be able to offer 24-hour suspensions in some cases where the driver isn't intoxicated but they don't feel they should be driving."

In the Lower Mainland, Tostenson says most of their members are reporting a decline in business between 15 and 30 per cent. Urban locations that get a lot of foot traffic are generally on the lower end, while destination areas or more rural restaurants and pubs are at the higher end.

He also says the laws were introduced at a bad time for his industry, which currently employs 180,000 British Columbians. Between the recession and the HST, Tostenson says the hospitality industry was already struggling.

He has no doubt that tax revenues are the B.C. government's biggest concern in reviewing the law, although his association doesn't want to be in a position where they're seen to be in favour of drinking and driving either.

"They have to keep things in balance," he said.

Coleman's letter says the decision to lower the threshold to 0.05 was a result of the police handing down between 30,000 and 40,000 24-hour suspensions a year across the province - a number they had hoped would decline as a result of anti drinking and driving campaigns.

"But one effect of those changes is that the new penalities are causing many responsible people - people who are not a threat to road safety - to err on the side of extreme caution," wrote Coleman.

"A number of tools, including online calculators and personal blood-alcohol readers, are available that help people make informed decisions about when they are safe and legal to drive. In the coming weeks the province will be examining the value of these tools in supporting our efforts to improve road safety. We will also look into how more public education can continue to support responsible drivers in making safe decisions when they go out for a meal or celebrate with friends.

"Our educational efforts will extend to police officers at the roadside. The fact is they have discretion over whether or not to impound the vehicle of someone's who caught once or twice in the 'warn' range of 0.05 to 0.08 per cent BAC. There's still the option of parking a vehicle, if it is safe to do so, or allowing a sober passenger or friend to get a vehicle home."

Coleman also said he was concerned by the number of tows resulting from the law changes, which he says are higher than they anticipated when they introduced the law. For that reason he said the province would reinforce the "discretion" message with police, and provide more police training about the new rules.