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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 09-09-2010, 09:30 PM   #1
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DriveSmartBC - Driving With a BAC Between 50 & 80

In 1977 BC established the limit of 50 mg% as the provincial limit on Blood Alcohol Concentration (BAC) for drivers. When tested with an approved screening device drivers with a BAC over this limit received a 24 hour roadside prohibition. Relatively recently, this prohibition also included a 24 hour vehicle impoundment to go along with the prohibition.

Effective on September 20, 2010 the prohibition dealt to drivers with a BAC between 50 and 80 mg% (known as a warn) will change significantly. When tested with an approved screening device at roadside a driver who provides a breath sample that is analyzed as a warn will face a minimum 3 day driving prohibition, an administrative penalty of $200, a driver's license reinstatement fee of $250, a 3 day vehicle impound and the associated towing and storage fees.

In the case of a driver whose driving record already contains a single prohibition within the past 5 years, the prohibition and impoundment periods rise to 7 days. The administrative penalty will increase to $300 and the driver will be required to participate in the ignition interlock program for one year at a cost of $1,730.

Should the driver have 2 or more previous prohibitions within the previous 5 year period, prohibition and impoundment rise to 30 days. The administrative penalty will increase to $400 and the driver will be required to participate in the Responsible Driver Program at a cost of $880.

In both of the latter cases the $250 driver's license reinstatement fee and the towing and storage charges will apply as well.

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Old 09-10-2010, 06:39 AM   #2
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Do some drunk drivers demand blood tests in lieu of breathalyzer? When that happens, do you the police take them to a hospital emergency ward for blood alcohol test?
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Old 09-10-2010, 11:44 AM   #3
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Drivers can not request a blood test in lieu of a breath sample.
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Old 09-11-2010, 11:25 PM   #4
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Is a breath sample always done at the roadside or are other tests like balance tests also performed?

I'm just curious how the police seperate the drunks from people with inner-ear/vestibular disorders that affect balance coordination if they don't have an RSD available.
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Old 09-12-2010, 08:17 AM   #5
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A roadside screening device isused to get an approximate BAC level. The SFST involve balancebut they also involve looking for indicators like...slurred speech, slow deliberate actions, confusion, smell of booze, difficulty walking and standing. The absence of HGN ( horizontal gaze nystagmus) would also rule out inner-ear disorders. The absence of alcohol symptoms would lead a terained SFST investigator to very quickly conlcude that it was a medical balance problem and not booze that was causing the problems.
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Old 09-12-2010, 08:30 AM   #6
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In the case of a driver whose driving record already contains a single prohibition within the past 5 years, the prohibition and impoundment periods rise to 7 days...

What if my last prohibition was not anything alcoholic-wised..... Is it still raised to 7days?
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Old 09-12-2010, 10:06 AM   #7
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The absence of HGN ( horizontal gaze nystagmus) would also rule out inner-ear disorders.
I'm a litle confused as to your wording here.

One can have an inner ear disorder but be able to track objects smoothly without showing signs of HGN.
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Old 09-12-2010, 02:31 PM   #8
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Alcohol results in the onset of HGN in an "impaired" person. If the onset is before a 45 degree angle, the impairment will be over 100mg%. Someone with an inner ear problem will not exhibit HGN...they will possibly exhibit some symptoms of balance problems and they won't smell like Lucky beer or slurr their words etc. I agree with your last statement and we are both saying the same thing in the end.
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Old 09-12-2010, 02:33 PM   #9
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In the case of a driver whose driving record already contains a single prohibition within the past 5 years, the prohibition and impoundment periods rise to 7 days...

What if my last prohibition was not anything alcoholic-wised..... Is it still raised to 7days?
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I assume that a 215 for impairment by drugs would have the same resulting prohibition and risk of impoundment.

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(3) A peace officer may, at any time or place on a highway or industrial road if the peace officer has reasonable and probable grounds to believe that a driver's ability to drive a motor vehicle is affected by a drug, other than alcohol,
(a) request the driver to drive the motor vehicle, under the direction of the peace officer, to the nearest place off the travelled portion of the highway or industrial road,

(b) serve the driver with a notice of driving prohibition, and(c) if the driver is in possession of a driver's licence, request the driver to surrender that licence.
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Old 09-12-2010, 02:58 PM   #10
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Quote:
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The absence of HGN ( horizontal gaze nystagmus) would also rule out inner-ear disorders.
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Originally Posted by zulutango View Post
Alcohol results in the onset of HGN in an "impaired" person. If the onset is before a 45 degree angle, the impairment will be over 100mg%. Someone with an inner ear problem will not exhibit HGN...they will possibly exhibit some symptoms of balance problems and they won't smell like Lucky beer or slurr their words etc. I agree with your last statement and we are both saying the same thing in the end.
Sorry, but it still sounds like if someone exhibits balance impairment but does not show HGN, then an inner-ear problem would be ruled out?

If I am not mistaken, the police are now able to run these tests on any driver even without suspecting alcohol has been consumed.

Is it at all possible that someone with an inner ear problem (which can affect balance and eye movements) could be arrested on suspicion of being drunk and transported to the police station to give a breath sample?


A quick google search reveals quite a bit of controversy on the use of HGN tests.
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Old 09-12-2010, 08:05 PM   #11
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If all you had was a balance problem and no other symptoms of impairment, then there would be no symptoms of impairment by alcohol. A simple ASD test would show if there was alcohol in your system. The SFST uses a large number of indicators to show impairment and it is the totality of their presence...not just 1 or 2 symptoms, that leads to a Datamaster test back at the Cop shop.
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Old 09-12-2010, 10:34 PM   #12
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so monetary consequences only apply if you are between .05 and .08?
As long as the driver is under .05 it is good?

what is considered under .05? 1 glass of wine, 1 beer, 1 jager bomb, 1 rum and coke - where is the line.
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Old 09-12-2010, 10:39 PM   #13
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what is considered under .05? 1 glass of wine, 1 beer, 1 jager bomb, 1 rum and coke - where is the line.
Completely depends on many factors.
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Old 09-12-2010, 10:45 PM   #14
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^ How about a very rough estimate? Like average male, 20 years old, average build and weight etc, eats while drinking.

I'm just looking for a very rough guide, not to live by, but to atleast have some indication.
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Old 09-12-2010, 11:06 PM   #15
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^ How about a very rough estimate? Like average male, 20 years old, average build and weight etc, eats while drinking.

I'm just looking for a very rough guide, not to live by, but to atleast have some indication.
It would be irresponsible for any of the officers here to tell you how many drinks it would take to get you drunk.

Have a glass of wine with dinner, no more.


Does ICBC collect stats on BAC involvement in collisions? ie, BAC of xx% was responsible for xx% of alcohol related collisions.
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Old 09-13-2010, 04:47 AM   #16
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so monetary consequences only apply if you are between .05 and .08?
under the new program, if you provide a "FAIL" sample, you lose your licence for 30 days and your vehicle will be impounded for 30 days, and not have criminal charges forwarded. If it goes the way of criminal charges and providing breath samples back at the detachment, its the same as it is now: 24hr suspension, ADP (90 day suspension after 21 days) and the 24hr impound together with criminal charges of Drive While Ability Impaired and Drive Over 80mg%.

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As long as the driver is under .05 it is good?
this has been covered. you can still be charged with Drive While Ability Impaired, depending on the circumstances. If you are a class 7 licence, you're not allowed ANY alcohol in your system. Anything under .05 is a 12hr suspension & impound.
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Old 09-13-2010, 08:19 AM   #17
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Does ICBC collect stats on BAC involvement in collisions? ie, BAC of xx% was responsible for xx% of alcohol related collisions.
Yes they do. The MV6020 collision report has blanks on it for the driver's BAC.
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Old 09-13-2010, 08:20 AM   #18
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Blood Alcohol Calculator

Err on the side of caution.
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Old 09-13-2010, 10:11 AM   #19
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^ How about a very rough estimate? Like average male, 20 years old, average build and weight etc, eats while drinking.

I'm just looking for a very rough guide, not to live by, but to atleast have some indication.
Seriously, are you that dumb?

Do you want to go through all this trouble, just to be able to have a few drinks?

Let us spell it out for you: "DON'T DRINK AND DRIVE".. save yourself the headache.

Although I'll admit.. I can't wait til someone like you comes on here and asks how to fight their conviction.. I will laugh so hard...
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Old 09-13-2010, 10:28 AM   #20
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Quote:
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Blood Alcohol Calculator

Err on the side of caution.
Thanks.

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Originally Posted by jlenko View Post
Seriously, are you that dumb?

Do you want to go through all this trouble, just to be able to have a few drinks?

Let us spell it out for you: "DON'T DRINK AND DRIVE".. save yourself the headache.

Although I'll admit.. I can't wait til someone like you comes on here and asks how to fight their conviction.. I will laugh so hard...
Chill out. I'm just wondering, how much would say 1 beer or 1 glass of wine during dinner get you to. I know 1 won't get you to the 0.05 BAC. Way to be "the man" and rip on me for asking a question that I'm sure will benefit others. I never said I was going to drink and drive, but who doesn't enjoy a nice cold one during dinner..
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Old 09-13-2010, 10:44 AM   #21
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Way to be "the man" and rip on me for asking a question that I'm sure will benefit others.
Yup, and I'll be "the man" who never has to wonder how close he actually is to that 0.5mg when I run into a roadblock. Have fun when you do!

EDIT: I enjoy a beer as much as the next guy.. maybe even more.. but I leave them for when I'm not driving so I don't need to worry about the law, ever. Like when I get home, and I'm not going anywhere. My job hinges on my being able to operate a vehicle... so if I don't want to ruin the life I've made for myself, I just avoid the issue altogether. Better safe than sorry!! But that appears to be too complex a subject for you young'uns..

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Old 09-13-2010, 01:20 PM   #22
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different people process alcohol differently as well.

I'm 140lb, 5'4". But after half a pint of beer, I've been told I get more alcohol breath than someone who's just a bit bigger, but has had a full drink or two.

but that has nothing to do with being drunk as well. It'll take me quite a few more drinks before I start feeling the effects.

That said, I also know people who start feeling woozy after half a drink, yet you might not be able to detect any alcohol on their breath.

so like jlenko says, if you drink, just don't drive...
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