Changes to N.B.’s impaired driving rules take effect Jan. 1

New rules governing impaired driving in New Brunswick are set to come into effect on January 1, and they bring significant changes to how police officers handle impaired drivers. The amendments to the Motor Vehicle Act provide police with two new ways to address impaired driving incidents, with the goal of getting offenders off the road more quickly and efficiently.

One of the major changes is the introduction of the immediate roadside suspension, which will divert most impaired drivers from the court system, thereby helping them avoid a criminal record. Under these new rules, penalties will now start below the Criminal Code threshold of 0.08. Drivers with a blood-alcohol content between 0.05 and 0.08 will face an immediate seven-day licence suspension and have their vehicle impounded for at least three days.

For drivers with a blood-alcohol content of 0.08 or higher, or those who refuse to provide a breath sample, they will receive a three-month licence suspension, a minimum 30-day vehicle impoundment, and will be required to use an ignition interlock device for 12 months. The ignition interlock system requires the driver to blow into a mouthpiece, and if alcohol is detected, the vehicle will not start.

Currently, police officers only have the option to criminally charge impaired drivers, which can lead to lengthy court proceedings. If convicted, drivers face a minimum fine of $1,000, a 12-month licence suspension, mandatory re-education courses, nine months in the ignition interlock program, and various other fees. However, under the new rules, officers can choose to use the Criminal Code to charge drivers, but they now have the option to administer immediate roadside suspensions in certain cases.

Cpl. Hans Ouellette, a spokesperson for the RCMP in New Brunswick, emphasized that the criminal route for holding impaired drivers accountable is not going away. Drivers who cause serious bodily harm or death during a collision, or those with passengers under the age of 16 in the vehicle, will still be charged criminally. The new rules aim to streamline the process of dealing with impaired drivers, freeing up officers’ time to get back on patrol more quickly.

MADD Canada CEO Steve Sullivan applauded the changes, noting that they provide immediate consequences for impaired drivers without the need for a lengthy criminal case. The new penalties are expected to have a significant impact on drivers’ behavior and serve as a deterrent to prevent impaired driving incidents in the future. The new system will also help reduce the burden on the court system, as seen in other provinces with similar programs.

Public Safety Minister Robert Gauvin highlighted that the changes are designed to address the growing risk of impaired driving on New Brunswick’s roads, especially with the increase in population over the past four years. While the current changes focus on alcohol impairment, the government remains open to discussions about implementing measures related to drug-impaired driving in the future.

Overall, the new rules governing impaired driving in New Brunswick are a significant step towards improving road safety and holding offenders accountable. By providing more efficient ways to address impaired driving incidents, these changes aim to protect the public and ensure that consequences are swift and meaningful.