Breath test challenges may get green light

Drivers who fail roadside breath tests will be given more options to challenge the results following the introduction Thursday of proposed amendments to B.C.’S tough drunk driving laws.

The Motor Vehicle Amendment Act, 2012, tabled by Justice Minister Shirley Bond, addresses last year’s B.C. Supreme Court ruling that found aspects of B.C.’S impaired driving law to be unconstitutional.

At issue, was the severity of the punishment — a 90-day suspension and costs of up to $4,000 — for drivers who blew a “fail” reading (over 0.08) given there wasn’t a meaningfully way to challenge the result, the court ruled.

The amendments, if passed, will make it mandatory for officers to inform driver of their right to challenge the first test by taking a second on another device. At present, police are not legally required to tell drivers of this right.

Further changes will require officers to inform drivers that it is the lower of the two readings that will stand. Currently, the second reading, be it higher or lower, is the one that police assess.

“Our goal is to protect this important law that has shown great success in deterring drinking and driving and in saving lives in our province,” Bond told the legislature. “The amendments in this bill meet and exceed concerns expressed by the court.”

The changes will also allow for a more “rigorous review” through the Superintendent of Motor Vehicles, according to the a government release.

This will include the reliability of the device, whether a second device was used during the second test, requiring sworn reports from police to the officer of the superintendent, whether the driver was advised of their right for a second test and requiring police to submit documents relating to the calibration of the device used.

If passed, the amendments will apply to all “fail” and “warning” breath samples.

Since introduced in 2010, B.C.’S impaired driving laws have contributed to a 40 per cent reduction in alcoholrelated road fatalities in the first year, according to government stats.

The changes are expected to be in force by June 15.