Editorial: Drunken driving changes sensible

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The province is right to make changes to impaired driving rules.

New legislation will allow police officers to issue administrative penalties, such as immediate roadside suspensions, to someone who fails or refuses roadside screening.

Previously, drunk driving meant criminal charges, which came with a court date that might be a year away. In some cases, this allowed accused impaired drivers the opportunity to get back behind the wheel before the court could assess if they had violated the law.

Public Safety Minister Kris Austin has suggested the new suspension system would relieve pressure on the courts while ensuring impaired drivers are actually taken off the road. It’s modelled on changes in British Columbia that appeared to do both those things.

We support the move, but we note two concerns.

First, the goal must be justice, not just the relief of pressure on the court system.

If a matter warrants criminal prosecution, it should receive it, and the court system should be made robust enough to handle these needs. Both the province and the federal government have a responsibility there.

There is also the issue of due process.

In our view, this is unlikely to be a major concern. The new administrative punishments will still be based on the results (or the refusal) of a roadside screening test.

Yes, screening devices can in theory malfunction, as zealous DUI defence lawyers are so keen to mention. This can be remedied by appropriate testing and calibration routines, record-keeping and police transparency. And, appeals of the administrative penalties can still be made to the province’s registrar of motor vehicles.

Driving while impaired with alcohol is dangerous and unnecessary, and people doing it should face real, immediate consequences. We support the changes.