As the holiday season quickly approaches, there will be many opportunities to celebrate with family, friends and co-workers. During this time of festivities, drivers are reminded of something that cannot be stated enough: Do not drink and drive.
In an effort to reduce impaired driving across the province, the OPP has launched its annual Festive Reduce Impaired Driving Everywhere (R.I.D.E.) campaign. The campaign has already begun, and is running from November 24 to January 2, 2018.
IMPAIRED DRIVING STATISTICS: ONTARIO
So far in 2017, according to the OPP, 37 people have died in collisions on OPP-patrolled roads in which alcohol or drugs were a factor. Of the 37 people killed in these accidents, 19 people were innocent victims.
During the 2016 Festive R.I.D.E. campaign, the OPP charged 562 drivers with impaired driving after performing more than 6,875 R.I.D.E. spot checks throughout the province.
The OPP wants drivers to remember this very important message:
As we gather with family and friends this holiday season, let’s make safety a priority by planning ahead. Whether arranging for a designated driver, taking public transit, or suggesting alternate arrangements for someone you think is impaired – simple steps can ensure everybody arrives home safely.
WHAT IS R.I.D.E.?
R.I.D.E. (the acronym for “Reduced Impaired Driving Everywhere”) is an Ontario sobriety program that was established in 1977 to assist in reducing the number of accidents and injuries resulting from impaired driving.
During the holiday season, and at other times during the year, local Police Services sets up spot checks throughout the province to randomly screen motorists for driving impaired. Police award responsible drivers with R.I.D.E. CHECKS Rewards booklets for obeying the laws.
The intention of a R.I.D.E. road stop is to check for sobriety, as well as valid license, ownership, and insurance; and the mechanical fitness of vehicles.
The R.I.D.E. program provides police officers with the legal right to perform planned roadside checks to identify and charge drivers who are under the influence of alcohol. R.I.D.E. gives officers the right to briefly detain and question drivers even if there are no grounds or probable cause for believing that a driver is over the legal blood alcohol limit, impaired, or has committed any offence.
While officers are not authorized to perform other criminal investigations or searches unconnected with the purpose of R.I.D.E., there are a few exceptions to this rule, for example if there are illegal drugs or contraband in “plain view” in the vehicle.
WHAT IS REQUIRED FOR A POLICE OFFICER TO REQUIRE A BREATH SAMPLE?
When a driver is pulled over for a R.I.D.E. check, a police officer may require a breath sample be given for a roadside approved screening device (“ASD”) if the officer has a “reasonable suspicion” that the driver has alcohol in their body. A “reasonable suspicion” may be based on several factors, for example:
- Bloodshot eyes;
- Dilated pupils;
- Slurred speech;
- Odor of alcohol coming from the vicinity of the driver or on the breath;
- Red rim watery eyes;
- Erratic driving;
- Gum chewing;
- Driving with open windows in cold weather;
- Headlights not being turned on;
- Evasive responses to the police officer’s questions;
- Leaning away from the window when questioned;
- Rolling down the rear window instead of the front window when being questioned by the police;
- Uncoordinated movement;
- Lack of ability to follow simple instructions; and,
- Admission of consumption.
The most common reason why drivers will be asked to blow into an ASD at a spot check is when a driver admits that they have had something to drink or consumed drugs prior to driving. The consumption of any alcohol or drugs will form the basis for “reasonable suspicion”.
CONSEQUENCES FOR IMPAIRED DRIVING
The amount of alcohol in your body is measured by the amount of alcohol in your blood. This is called blood alcohol concentration, otherwise known as BAC. Many factors can affect your blood alcohol level, including how fast you drink; whether you are male or female; your body weight; and, the amount of food in your system.
In Ontario (and the rest of Canada), the maximum legal BAC for fully licensed drivers is 80 milligrams of alcohol in 100 millilitres of blood (0.08). Driving with a BAC over 0.08 is a criminal offence.
There are also serious consequences for those found to be driving below 0.08. If you register between 0.05 to 0.08 you are considered in the warn range and will face provincial administrative penalties. These penalties include driver’s licence suspension, remedial alcohol education program, remedial alcohol-treatment program, ignition interlock and, monetary penalties depending upon the number of occurrences.
Drivers who blow over 0.08 milligrams of alcohol in 100 millilitres of blood will immediately have their vehicle impounded for seven days, receive an administrative road side suspension of 90 days, and be required to pay a $198.00 administrative monetary penalty.
If you have been charged with impaired driving or another driving offence, contact our office online or at 905-404-1947 to schedule a free consultation with one of our knowledgeable and experienced Oshawa lawyers. We regularly handle drunk driving and over 80 defence. We have 24-hour phone service for your convenience.