An Overview of Administrative Driver License Suspensions ...

[Pages:22]An Overview of Administrative Driver License Suspensions and Criminal Code Charges for Alcohol and Drug Impaired

Driving in Canada: 2008-2014

September 2016

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Introduction

Alcohol and drug impaired driving remains a serious public health and road safety issue in Canada. In Canada, there have been modest reductions in impaired driving fatalities over the last two decades (Vanlaar et al., 2012)1. However, since 1997, the annual percentage of traffic fatalities where drivers have tested positive for alcohol has consistently remained in the range of 36?39% (Vanlaar et al., 2012). At the same time, the detection of drugs in fatally-injured drivers during this same period has continued to rise.

In Canada, laws that restrict driving while impaired by alcohol or drugs take two forms: a criminal charge or an administrative drivers licence suspension (ADLS). Operating a motor vehicle while one's ability to do so is impaired by alcohol or a drug is a federal criminal offence under s. 253(1)(a) of the Criminal Code. Federal criminal sanctions are applied after conviction of a criminal drinking and driving offence (e.g., driving over the legal limit of 0.08% BAC). Minimum penalties for conviction include a $1,000 fine for first offence; 30-day imprisonment for a second offence; 120day imprisonment for a third offence, and with maximum penalty of up to 5 years in prison.

All provinces and territories except Qu?bec authorize the police to impose a short-term ADLS on a driver if they have reasonable grounds to believe that his or her ability to drive (physical or mental ability) is impaired by alcohol or drugs. The provinces and territories first enacted ADLS programs in the late 1970s and early 1980s. These programs were initially designed to temporarily remove drivers with blood-alcohol concentrations (BACs) between 0.05% and 0.08% from the roads, given the body of research evidence demonstrating that key driving-related skills become progressively impaired at lower BAC levels. This report shows the number of administrative sanctions (for BACs between .05 and .08) delivered by Canadian provinces, but does not reflect administrative sanctions for drivers found to be over .08 BAC2.

In addition, several provinces impose ADLS on drivers who fail a standard field sobriety test (SFST). The SFST consists of three physical/behavioral tests (horizontal gaze nystagmus, walk and turn test, and one-leg stand test), which are conducted at roadside. Licence suspensions range from 24 hours (PE, QC), to 3 days (MB, SK). A 24-hour (AB, BC, YK, NT, NU) or 7-day (NL) licence suspension may also be issued if the officer deems the driver's "ability to operate a motor vehicle is impaired by alcohol, drugs or a combination". Ontario has recently passed legislation to support a 3-day licence suspension, though this change is not yet in effect.

Comprehensive ADLS programs can have both a major deterrent impact and assist in the early identification of drivers who have or are developing an alcohol or drug problem, encouraging them to seek assistance. Now that these programs have been in place in many provinces and territories for several years, two key questions have emerged:

1. To what degree have individual provinces and territories followed Canadian Council of Motor Transport Administrators (CCMTA) best practices for establishing administrative licence suspension programs? and

2. Has the establishment of provincial administrative driver licensing suspension programs changed police enforcement practices with respect to laying Criminal Code charges for impaired driving?

In answering these questions, we draw on data provided to us by each province on alcohol and drug related ADLS and on Criminal Code impaired driving charges. While this is, to our knowledge, the most accurate source of information available on ADLS, data are not consistently collected in each jurisdiction, particularly with respect to the separation of alcohol and drug suspensions (which is the focus of this report).

1 Vanlaar, W., Robertson, R., Marcoux, K., Mayhew, D., Brown, S., & Boase, P. (2012). Trends in alcohol-impaired driving in Canada. Accident Analysis & Prevention, 48, 297-302. 2 Starting in September of 2010, British Columbia introduced the Immediate Roadside Prohibition law (IRP) which includes administrative sanctions for drivers over .08 BAC. IRP sanctions for British Columbia totalled: 2010 (5,682), 2011 (22,654), 2012 (13,549), 2013 (19,379), 2014 (18,804), 2015 (16,202).

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Our focus is on changes over time in both short-term and longer-term ADLS. We define short-term ADLS as those that are less than 3 days in length, and longer-term ADLS as those lasting 3 or more days. This distinction is important for two reasons: 1) Most drug-impaired ADLS are 24 hours and in many jurisdictions, almost all 24-hour suspensions are for drugs; whereas alcohol-related ADLS are 3+ days. As such, in attempting to isolate trends in alcohol and drug-impaired ADLS, particularly in jurisdictions that do not separately record such charges, the separation into short- and longer-term ADLS is necessary. 2) The CCMTA wishes to encourage the adoption of longer-term ADLS in all provinces, and an examination of short versus longer-term ADLS provincial trends allows us to assess progress in achieving CCMTA goals.

The CCMTA Model for Administrative Driver Licence Suspension Programs

MADD Canada first advocated for comprehensive ADLS programs at the .05% BAC level in its 2000 Rating the Provinces and Territories Report. MADD Canada repeated its call for such programs in all subsequent provincial and territorial reports. Working with the Canadian Council of Motor Transport Administrators (CCMTA), MADD Canada developed a model ADLS program based on existing best practices in Canada and research drawn from Canada and abroad. The recommended model included:

A 7- to 14-day licence suspension for a first violation, with 30-, 45- and 60-day suspensions for second, third and subsequent infractions within a 3-year period;

A mandatory licence reinstatement fee of $150 - $300; The recording of the suspension on the drivers' record; and Mandatory remedial measures (alcohol assessment, education, rehabilitation) for repeat infractions.

The CCMTA ADLS model was approved in 2005. All provinces except Qu?bec have some form of administrative sanctions for alcohol and/or drugs.

In this Report, MADD Canada Outlines:

The progress that the provinces have made in strengthening their short-term administrative licence suspension programs, as recommended by the CCMTA;

The total number of alcohol-related and drug-related Criminal Code impaired driving charges and provincial short-term administrative licence suspensions;

Variations in the number and duration of administrative driver licence suspensions, and number of Criminal Code charges across Canada; and

The interplay in enforcement practices between Criminal Code impaired driving charges and provincial administrative driver licence suspensions.

Not all the data in this report relate to the same reporting period. The latest available data were used. Given the small numbers involved, data from the territories were not included in this report.

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Administrative Driver Licence Suspension Programs in Canada

Over the past several years, many provinces have updated their ADLS programs, adding increased suspension periods, fines, licence re-instatement fees and other sanctions. Table 1 outlines the provincial/territorial ADLS programs, and variations in programs from jurisdiction to jurisdiction.

Table 1: Provincial/Territorial Administrative Driver Licence Suspensions

Prov

./

First

Terr Occurrence

.

- 24 hours if

reasonably suspect

physical or mental

AB3

ability affected by alcohol/drugs, or

medical or physical

condition;

- 3 days for > .05%

- 24 hours if

reasonable grounds

BC4

driving ability affected by alcohol/

drugs;

- 3 days for > .05%

- 3 days if too impaired to take breath, blood or SFST test; fails

MB5 SFST; or > .05%

- 7 days if child under the age of 16 is in the vehicle

NB

NL6

7 days

NS7

7 days

NT8

24 hours

NU

ON9

3 days

Second Occurrence

- 24 hours if reasonably suspect physical or mental ability affected by alcohol/drugs, or medical or physical condition; - 15 days for > .05%

- 24 hours if reasonable grounds driving ability affected by alcohol/ drugs; - 7 days for > .05%

- 15 days if too impaired to take breath, blood or SFST test; - 15 days for fails SFST or > .05%

14 days

15 days

30 days

7 days

Third Occurrence

- 24 hours if reasonably suspect physical or mental ability affected by alcohol/drugs, or medical or physical condition; - 30 days for > .05%

- 24 hours if reasonable grounds driving ability affected by alcohol/ drugs; - 30 days for > .05%

- 30 days if too impaired to take breath, blood or SFST test; - 30 days for fails SFST or > .05%

7 days

2 months

30 days

30 days

4-24 hours

30 days

Fourth or Subsequent Occurrence

- 24 hours if reasonably suspect physical or mental ability affected by alcohol/drugs, or medical or physical condition; - 30 days for >.05%

- 24 hours if reasonable grounds driving ability affected by alcohol/ drugs; - 30 days for > .05%

- 60 days if too impaired to take breath, blood or SFST test; - 60 days for fails SFST or > .05%

4 months 30 days 30 days

30 days

3 The lookback period for prior occurrences is 10 years. 4 The lookback period for prior occurrences is 5 years. Additionally, he police must also believe that the driver's ability to drive is "affected" by alcohol. 5 The lookback period for a prior occurrence is 10 years.

6 The lookback period for prior occurrences is only 2 years. A 6-month licence suspension is imposed for a fifth or subsequent short-term ALS within 2 years.

7 The lookback period for prior occurrences is 10 years. 8 The lookback period for prior occurrences is only 2 years.

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- 24 hours for:

refusing/ failing to

PE10

take breath test or SFST; or failing

SFST;

- 7 days for > .05%

QC11 SK12 YK CCM TA13

3 days 7-14 days

- 24 hours for: refusing/ failing to take breath test or SFST; or failing SFST;

- 30 days for > .05%

- 24 hours for: refusing/ failing to take breath test or SFST; or failing SFST;

- 90 days for > .05%

- 24 hours for: refusing/ failing to take breath test or SFST; or failing SFST;

- 90 days for > .05%

- 24 hours for: refusing/failing to take SFST; or failing SFST - No General Short-Term ALS for BAC > .05%

21 days

90 days

90 days

24 hours

30 days

45 days

60 days

9 If proclaimed in force, the Transportation Statute Law Amendment Act (Making Ontario's Roads Safer), 2015, S.O. 2015, c. 14 would authorize the police to impose

a short-term ALS on a driver whom they reasonably believed to be impaired by a drug, or a combination of drugs and alcohol. The officer's reasonable belief must be based on all the circumstances, including the driver's performance on a SFST. The duration of these drug-related ALSs, the associated lookback period for repeat infractions and the associated remedial programs would parallel those for alcohol-related, short-term ALSs. Government of Ontario, Press Release, "Ontario Passes Legislation to Improve Road Safety" (2 June 2015). The lookback period for prior occurrences is 5 years. 10 The lookback period for prior occurrences is only 2 years. 11 Proposed amendments and a 2010 legislative report called for the introduction of a 24-hour ADLS program for all fully licensed drivers who had BACs .05%. However, the government announced in December 2010 that it was postponing introduction of the program for 2 or 3 years. Drivers of buses, minibuses and taxis are subject to a .00% BAC limit, and drivers of tow trucks and heavy vehicles (weight > 4,500 kg) are subject to a .05% BAC limit. Police must issue a 24-hour licence suspension to these drivers if their BAC exceeds the applicable limit. 12 The lookback period for prior occurrences is 5 years 13 The Canadian Council of Motor Transport Administrators (CCMTA) issued model policies for alcohol-related short-term ALSs in 2005. The model provides for a lookback period of 3 years for prior occurrences.

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Tables 2 thru 4 provide an overview of the number and duration of ADLS for alcohol or drugs from 2010 to 2014 for each province, and for Canada. The ADLS have been divided based on duration to capture short-term (less than 3 days) and longer-term (3+ day) suspensions. Some provinces only employ longer-term ADLS (Ontario, Newfoundland and Labrador, Nova Scotia) while other use both short and longer-term ADLS (Prince Edward Island, Manitoba, Saskatchewan, Alberta, British Columbia). With respect to alcohol, short-term ADLS have declined in the last five years while longer-term suspensions have slightly increased (Table 2). Most ADLS related to drugs are less than 3 days (Table 3) and are concentrated in two provinces (British Columbia and Alberta).

Table 2: Number and Duration of Administrative Driver Licence Suspensions for Alcohol from 2010 to 201414

Prov. NL18

2010 242

Short-term Licence Suspension < 3 days15

201117

2012

2013

2014

0

0

0

0

2010 137

Longer-term Licence Suspension 3+ days16

2011

2012

2013

2014

339

414

441

343

PE

308

325

339

282

0

90

84

80

77

109

NS

630

23

0

0

0

99

648

710

634

676

NB19

0

0

0

0

0

0

0

0

0

0

QC20

0

0

0

7

5

0

0

0

0

0

ON

0

0

0

0

0

17,179 15,447 13,746 15,610 10,517

MB

734

650

637

640

784

0

36

108

102

135

SK

2,825

2,499

2,209

1,790

741

420

386

311

233

715

AB

7,970

7,114

4,798

0

0

0

0

910

2,174

2,064

BC

24,487 4,069

7,326

3,272

3,450

2,066

8,024

5,612

6,393

6,095

Totals 37,196 14,680 15,309 5,991

4,980

19,991 24,964 21,891 25,664 20,654

14 The data in this table were provided to MADD Canada by the provinces. MADD Canada did its best to ensure that the data provided relates only to ADLS. 15 This includes only 24-hour suspensions. 16 This includes suspensions ranging from 3 to 180 total days. 17 The inclusion of data on drug suspensions is inconsistently collected in 2010 and 2011. 18 In many provinces, drug suspensions are not consistently tracked or alcohol and drug suspensions are not tracked separately. 19 New Brunswick has a 7-day short-term ADLS program, but the province does not collect or report this data on the driver's record. 20 Data from Qu?bec includes only commercial drivers.

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Table 3: Number and Duration of Administrative Driver Licence Suspensions for Drugs from 2010 to 201421

Prov. NL25

2010 0

Short-term Licence Suspension < 3 days22

201124

2012

2013

2014

0

0

0

0

2010 0

Longer-term Licence Suspension 3+ days23

2011

2012

2013

2014

0

0

0

0

PE

0

0

0

5

20

0

0

0

4

0

NS

0

0

0

0

0

0

0

0

0

0

NB26

0

0

0

0

0

0

0

0

0

0

QC

0

0

0

154

344

0

0

0

0

0

ON

0

0

0

0

0

0

0

0

0

0

MB

0

48

48

64

59

0

0

0

7

6

SK

0

0

61

79

0

0

0

0

0

27

AB

0

0

0

1,194

1,564

0

0

0

0

0

BC

5,071

4,500

4,457

3,803

3,050

0

0

0

0

0

Totals 5,071

4,548

4,566

5,299

5,037

0

0

0

11

33

21 The data in this table were provided to MADD Canada by the provinces. MADD Canada did its best to ensure that the data provided relates only to ADLS. 22 This includes only 24-hour suspensions. 23 This includes suspensions ranging from 3 to 180 total days. 24 The inclusion of data on drug suspensions is inconsistently collected in 2010 and 2011. 25 In many provinces, drug suspensions are not consistently tracked or alcohol and drug suspensions are not tracked separately. 26 New Brunswick has a 7-day short-term ADLS program, but the province does not collect or report this data on the driver's record.

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Table 4: Total Number and Duration of Short and Longer-term Administrative Licence Suspensions for Alcohol or Drugs from 2010 to 201427

Prov. NL31

PE

2010 242

Short-term Licence Suspension < 3 days28

201130

2012

2013

2014

0

0

0

0

308

325

339

287

20

2010 137

Longer-term Licence Suspension 3+ days29

2011

2012

2013

2014

339

414

441

343

90

84

80

81

109

NS

630

23

0

NB32

0

0

0

QC33

0

0

0

0

0

99

0

0

0

161

349

0

648

710

634

676

0

0

0

0

0

0

0

0

ON

0

0

0

0

0

17,179 15,447 13,746 15,610 10,517

MB

734

698

685

704

843

0

36

108

102

141

SK

2,825

2,499

2,270

1,869

741

420

386

311

233

742

AB

7,970

7,114

4,798

1,194

1,564

0

0

910

2,174

2,064

BC

29,558 8,569

11,783 7,075

6,500

2,066

8,024

5,612

6,393

6,095

Totals 42,267 19,228 19,875 11,290 10,017 19,991 24,964 21,891 25,668 20,687

27 The data in this table were provided to MADD Canada by the provinces. MADD Canada did its best to ensure that the data provided relates only to ADLS. 28 This includes only 24-hour suspensions. 29 This includes suspensions ranging from 3 to 180 total days. 30 The inclusion of data on drug suspensions is inconsistently collected in 2010 and 2011. 31 In many provinces, drug suspensions are not consistently tracked or alcohol and drug suspensions are not tracked separately. 32 New Brunswick has a 7-day short-term ADLS program, but the province does not collect or report this data on the driver's record. 33 Alcohol data from Qu?bec includes only commercial drivers.

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