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Fair warning about decriminalization

The NDP government is changing the way drunk drivers will be policed in Alberta this year.

The NDP government is changing the way drunk drivers will be policed in Alberta this year.

Due to the Alberta Court of Appeals finding that tying the suspension of a driver’s licence to the outcome of an individual’s court case unconstitutional in May, the provincial government was given one year to introduce new legislation and Bill 29 was passed in November.

Under the new bill, drivers who blow over the legal limit will see their licences suspended for three months, , via a roadside administrative sanction, or, depending on the severity of the incident — whether other vehicles were involved or if there was loss of life for example, criminal charges are a real possibility.

If your licence is suspended, you can participate in the interlock program after three months to get it back. If you refuse to participate in the program however, your licence will remain suspended for an additional 12 months.

While some defence lawyers are arguing the proposed process does not respect the presumption of innocence, the idea to move away from criminal charges for impaired driving violations is supported by Mothers Against Drunk Driving.

Concerned over the idea of drunk driving being decriminalized by the province, we elected to speak with private traffic safety consultant Dave McKenzie in an effort to clarify what the changes mean for you and I.

To say the province is ‘decriminalizing’ impaired driving however, is, according to McKenzie, a misconception as the reality is criminal code aspects will remain; the changes reflect greater discretion on the part of police officers when handing out roadside administrative sanctions or criminal charges.

The idea, according to MADD Calgary chapter president Karen Harrison, is that administrative sanctions will serve as a strong deterrent and help to unclog the court system, allowing prosecutors to prioritize the more serious impaired driving offenses.

Maybe.

Maybe not.

It is 2018 however, so let’s be optimistic.

We all know we aren’t allowed to drive drunk when we’re sober.

Maybe this is a step in the right direction but time will tell.

After all, the policy is modeled after a similar practice in British Columbia and while there have been issues with incorrectly-calibrated breathalyzers, it seems to be working over there.

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