Drunk drivers in Manitoba face new fines, vehicle impoundment under tough new penalties

Manitobans caught driving in a "warning" zone near the legal limitwill face harsh new sanctions, including fines and vehicle impoundment, according to new legislation proposed Thursday.

Under amendments introduced to the Highway Traffic Actat the Manitoba Legislature, a driver who registers a "warning" on an approved screening devicea blood alcohol level of between .05 and .08 would have theirvehicle immediately impounded for three days for a firstoffence and up to a monthfor a third offence.

The driver would also face a new fine of at least $200 for a first offence, rising to at least $400 by thethirdinfraction.

If nabbed a third time, the driver will have an ignition interlock on their vehicle for a year.

Vehicle impoundment is that one thing that will make people change their behaviours.- MADD Canada CEO Andrew Murie

MADD Canada CEO Andrew Muriesaid he'soverjoyed that harsher penalties are on the way.

"In a nutshell, this is an amazing day what's being accomplished here," he said.

Manitoba intends tofollow suit with British Columbia, whichintroduced similar sanctions in 2010 and saw fatalitiesinvolving drunk drivers fall by 50 per cent.

"Research shows that the greatest deterrence in reducingimpaired driving is making sure the sanctions and the penalties are immediate, which happens at roadside, and they include vehicle impoundment," Murie said. "Vehicle impoundment is that one thing that will make people change their behaviours."

The new penalties for drivers in the "warning" range would not result in criminal charges, but would be in addition to existing licence suspensions and other sanctions.

The province says that adding up all the existing and new penalties, drivers in the .05 to .08range would end up paying at least $2,600 on a first offence, and about $3,200 for a third or subsequent offence.

Breathalyzer not automatic

Screening tests for impairment will continue to beconductedroadside usingan approved screening device, which are less exact than a breathalyzer butindicatewhether adriver is in the range of blowing over the legal alcohol limit of .08,or has done so.

A driver who fails thetest will no longer receive an automatic breathalyzer demand if it is theirfirst offence and no bodily harm or injuries resulted.

Police would, in those cases, have the option of forgoing the breathalyzer testandpossible criminal charge to instead issue new automatic penalties:a fine of at least $500 and a mandatory one-year ignition lock.

The province will give police officers the authority to pick the approach that's most suitable.

"If you look at the penalties, aside from the criminal conviction, they're relatively similar," saidMark Fisher, chief superintendent of the RCMPin Manitoba.

The newly proposed provincial sanctions are on top of an existing 90-day licence suspension, 30-day vehicle impoundment, mandatory Addictions Foundation of Manitoba assessment or a remedial program for first-time drunk drivers blowing over the .08 legal limit.

Drivers will also receive 10 demerit points from Manitoba Public Insurance, rather than the current consequence of five demerits.

Drunk drivers not getting the message

Justice Minister Cliff Cullen said 28 Manitobans havelost their lives this year because of the actions of a drunk driver.

"We are here today becausethere are still too many peoplewho haven't got the message about drunk driving," he said.

The hopeis the changes will significantly cut the time police spend testing drivers from as much asfour hours to conduct a breathalyzer test, down to about 30 minutes for a test using a roadside screening device and ensure police are spending more time enforcing laws, Cullen said.

Drivers who want to appeal the immediate roadside penalties can apply to the registrar of motor vehicles to evaluate the decision. A successful review would terminate all sanctions.

Of the 73 people killed and 442 people seriously injured in traffic collisions on Manitoba roads in 2017, impaired driving accounted for 32 per cent of those killed and six per cent of those injured, the province said.

In B.C., a similar law survived a court challenge earlier this year that argued it was unconstitutional to force theaccused to prove a flaw or gap in police evidence if they want to appeal a ban.

Sending a direct message to drunk drivers

6 years ago

Duration 2:14

Manitobans caught driving in a "warning" zone near the legal limit will face harsh new sanctions, including fines and vehicle impoundment, according to new legislation proposed Thursday.