The law giving B.C. police the power to hand out roadside driving prohibitions to suspected drunk drivers doesn't breach the constitution, a judge has ruled.
On Monday, B.C. Supreme Court Justice Jennifer Duncan dismissed a challenge filed by four drivers who all had their vehicles impounded after refusing or failing a breathalyzer test.
The strict anti-impairment law, which was introduced in 2010, allows police to imposed 90-day driving bans during stops. Drivers who maintain they were sober have to prove their innocence in a review process.
The challengers argued that putting the onus on them after failing a breathalyzer test is unreasonable, but Duncan disagreed.
"The balance between the public benefits associated with the (immediate roadside prohibition) regime and any limit of the driver's procedural rights through bearing the burden of proof in the review process tips in favour of upholding the legislation," she wrote in her decision.
The Justice pointed to statics showing a 52 per cent decrease in fatal alcohol-related crashes in the two years after B.C. implemented roadside driving bans.
The respondents, B.C.’s attorney general and the superintendent of motor vehicles, also noted the law was previously challenged twice before.
The first challenge was successful, and resulted in a number of changes that helped B.C. uphold its law during the second.
