Hi there. I found myself in a fairly common situation last night with some friends that I'm sure will be repeated over the next few months. We had spent the day bouldering out on the coast and were sore, dehydrated, mild to moderately sun burnt and in good moods, so we decided to head to the Henry House for some food and beers.
When we got there and the beers arrived, the Patriarch of the gang asked, "What are the driving laws around blood alcohol level now? I heard it changed." We discussed it a bit and asked the waiter if he knew. He thought he did, but turns out he was wrong, and so were we. Here is the answer:
Alcohol and the Law
Even if you are well below the .08 level of alcohol in the blood that is accepted as the legal level in law, you can still be impaired; and the courts recognize this. Being caught at above .08 per cent blood alcohol in the bloodstream, in itself, is a criminal offense. But you can be impaired on one drink and can be charged and convicted with less than .08 in your bloodstream if you show other symptoms of impairment.
The average blood alcohol content of convicted alcohol-involved drivers in Nova Scotia is .16 per cent -- twice the legal level.
FAILURE OR REFUSAL TO PROVIDE A SAMPLE: The courts will convict a person who, without a reasonable excuse, fails or refuses to provide a sample of their breath or blood to a peace officer.
The Criminal Code of Canada
Under the Criminal Code of Canada a person commits an offense when operating or in care or control of a motor vehicle while impaired by alcohol or drugs even though their blood alcohol level is less than 80 milligrams of alcohol in 100 mL of blood (.08 per cent). Penalties can include fines, imprisonment, or both, and a prohibition from driving. Convictions may result in the loss of insurance, higher insurance rates, and loss of employment.
1st offence:
-a fine of $600 to $2000
-revocation of driving privileges for one year from the date of conviction (not the date of being charged)
-completion of an Addiction/Drug Dependency Services assessment program ($409.33, your cost)
-licence reinstatement fee of $112.09 (your cost)
-you might also be required to be re-take any and all of your driver's tests, including written, road, and vision tests.
So be careful when you're celebrating those hard, sunny sends, and then driving home after.
Mike