Drunk Driving - Progress and Problems
Who are the drunk drivers? / Canada's national strategy / Jurisdiction / Penalties /
The Future The rate of impaired driving incidents dropped four per cent in 2002, resuming its 20-year downward trend after a small increase in 2001, according to a November 2003 report from the Canadian Centre for Justice Statistics.
- The rate of impaired driving incidents reported by police was 65 per cent lower than its peak in 1981.
- The number of deaths and injuries related to impaired driving have gone down by almost half since 1986 despite increasing numbers of drivers and vehicles.
- Impaired driving accounted for about 12 per cent of all cases heard in court, making it the largest category of offences (53,000 out of a total 452,000).
- Impaired driving also had the highest conviction rate - 73 per cent, compared to 60 per cent for all Criminal Code offences.
The Canada Safety Council credits the progress to several factors: strong commitment from all the stakeholders; changing attitudes and behaviours with respect to drinking and driving; effective public education and public awareness programs; and the level of police enforcement.
The country's aging population is another factor in the downward trend. Seniors over age 65 have the lowest rates of impaired driving.
Who are the drunk drivers?
According to a national survey on drinking and driving released in December 2005 by the
Traffic Injury Research Foundation (TIRF), 15 per cent of Canadian drivers reported driving a vehicle within two hours of consuming alcohol in the past 30 days.
The survey estimates that an alarming 1.5 million drivers drove when they thought they were impaired, of which 16 per cent (about 2.3 per cent of all drivers) said they did so four or more times. Based on the findings, TIRF estimates that only three per cent of drivers account for 84 per cent of reported impaired driving trips in Canada. This is in line with a large body of research which shows that a small minority of drinking drivers accounts for most of Canada's impaired driving problem.
Younger drivers continued to show the highest rates of impaired driving. Data from 94 police departments found drivers aged 19 to 24 represent 56 per cent of all reported criminal incidents. The Justice statistics show the rate of impaired driving peaks at age 21. The TIRF survey found that drivers aged 25 to 34 are most likely to report they have taken the wheel after drinking .
Younger drivers and chronic drinking drivers must remain a major target in efforts to eradicate impaired driving.
Canada's national strategy
In Canada there is no national law covering all aspects of drinking and driving. This is because in our federal system, different levels of government have responsibility for different aspects of the problem.
The Constitution of Canada defines the powers of the federal and provincial or territorial levels of government.
We do, however, have a national strategy.
The Strategy to Reduce Impaired Driving (STRID) is a joint initiative by federal, provincial and territorial governments as well as road safety organizations including the Canada Safety Council. STRID is an initiative of the Canadian Council of Motor Transport Administrators (CCMTA), which receives its mandate from the Council of Ministers Responsible for Transportation and Highway Safety. Since it began in 1990, STRID has provided leadership for all jurisdictions in the fight against impaired driving.
All jurisdictions are united in the fight against drinking and driving. Specific sanctions for drinking drivers vary from one part of the country to another, but in all cases they are strict.
Jurisdiction
The federal government has authority for the
Criminal Code of Canada. Impaired driving is considered a crime because of the risk of death and injury related to alcohol consumption by drivers. Canada has, for example, criminalized driving or care and control of a vehicle with BACs exceeding 0.08. As a matter of constitutional law, this prevents provinces and territories from creating offences relating directly to BAC levels and to fine or jail drivers who exceed those limits; such offences fall under the
Criminal Code.
Provincial and territorial legislation related to drinking and driving comes from the authority to enact laws relating to property and civil rights, which includes the right to regulate driving on provincial roads. Provincial and territorial jurisdictions can legislate permissible levels of BAC for the purpose of imposing administrative licence suspensions, but not for the purpose of creating 'offences.'
Through their highway traffic acts, these jurisdictions use their licensing authority to suspend drivers who exceed provincially or federally established BAC limits
(PDF). Every jurisdiction in Canada has enacted legislation related to drinking and driving, short of creating offences. Provinces impose licence suspensions for drivers convicted of criminal blood alcohol offences, and most impose temporary suspensions at BACs below the criminal level of 0.08.
All Canadian jurisdictions except the Northwest Territories and Nunavut have a zero BAC for novice drivers. For ordinary drivers, most provinces in Canada make it impermissible (but not a criminal offence) to operate or have care or control of a motor vehicle at levels around 0.05. However, many Canadians are not aware of these measures. The TIRF survey found less than half of respondents knew there was a lower alcohol limit in their province at which police can suspend driving privileges; only six per cent of all respondents knew what that limit is.
While provincial and territorial jurisdictions cannot create offences relating to BAC levels, they do have power to impose administrative licence suspensions. Police officers can carry out these licence suspensions at the side of the road, protecting the public by a swift and certain response. Among the 13 provinces or territories of Canada, only Quebec and the Yukon do not have licence suspensions for drinking drivers with BACs lower than 0.08.
Penalties
The Canadian Centre for Justice Statistics reports that fines were the most common penalty imposed for impaired driving offences in 2001/02. In about 77 per cent of cases a fine was the 'most serious' sentence. However, provincial and territorial sanctions supplement the
Criminal Code and often have more serious personal consequences than a fine. The mere fact of having a criminal conviction carries a lifelong stigma that can limit job and travel opportunities.
Offenders were sentenced to prison in 14 per cent of cases. The average length of a prison sentence for cases of impaired driving was 73 days.
Prison sentences varied considerably across the country. For instance, in Prince Edward Island, 91 per cent of those convicted of impaired driving received a prison sentence, compared with only four per cent in Nova Scotia. However, provinces which imposed imprisonment more often also tended to use shorter sentences. For example, in Prince Edward Island the average sentence length was 17 days, while in Nova Scotia it was 182 days.
The Canada Safety Council prepared a chart showing provincial and territorial countermeasures related to driver BAC. Some of these measures are outside the
Criminal Code, while others supplement the provisions of the
Criminal Code by imposing additional measures under provincial and territorial jurisdiction. Not included are measures taken after an individual is convicted of a criminal offence related to impaired driving, such as long-term licence suspensions. Some provincial/territorial sanctions are also not included, such as vehicle impoundment.
Most jurisdictions require a zero BAC for novice drivers. The high incidence of drinking and driving in the 19 to 21 age group indicates that some see alcohol consumption as a restriction that is removed when a permanent licence is obtained.
The Future
Despite the progress that has been made over the past 20 years, impaired driving is a complex problem with no simple solutions. The current administrative and criminal sanctions provide a well thought-out mix of effectiveness, efficiency and severity. Building on this, STRID takes a multi-faceted approach in its strategy and objectives for 2010.
STRID's national target for 2010 is a 30 per cent decrease in the average number of road users killed and seriously injured during the 2008-2010 period compared to 1996-2001 figures. The focus is on hardcore drinking drivers, new/young drivers, social drinkers, and first sanctioned drivers with recommendations in several categories including education and awareness, policing, legislation, rehabilitation, and evaluation.
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