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

New rules governing impaired driving in New Brunswick come into effect on Jan. 1. 

The amendments to the Motor Vehicle Act give police two ways to deal with impaired drivers.

Most will be diverted from the court system — thereby avoiding a criminal record — by using the new administrative penalty, known as the immediate roadside suspension.

Under the new rules, penalties begin below the Criminal Code threshold of 0.08. Anyone whose blood-alcohol content is between 0.05 and 0.08 will have their licence immediately suspended for seven days and their vehicle impounded for at least three days.

Drivers who have a blood-alcohol content of 0.08 or greater, or who refuse to give a breath sample, will receive a three-month licence suspension and have their vehicle impounded for at least 30 days. 

They will also have to use an ignition interlock device for 12 months. The system requires the driver to blow into a mouthpiece and if alcohol is detected, the vehicle will not start.

Currently, the only option for police officers is to charge drivers criminally and send them through the already-clogged court system, which often takes several months or longer. If convicted, the driver faces a minimum fine of $1,000, a 12-month licence suspension, a mandatory re-education course, nine months in the ignition interlock program and a variety of other fees.

Under the new rules, police officers can — and in some cases, must — still use the Criminal Code to charge drivers.  

"What's really important to understand here is that the criminal route is not going away in this province," said Cpl. Hans Ouellette, a spokesperson for the RCMP in New Brunswick.

"You can still be held liable criminally for drunk driving. That does not change under the Criminal Code of Canada," he said.

For example, drivers who cause serious bodily harm or death during a collision, and those with a passenger under the age of 16 in the vehicle, will still be charged criminally, Ouellette said.

The new rules will get impaired drivers off the road more quickly — and free up officers' time, meaning they can get back on patrol more quickly, he said.

Other provinces with similar rules, like British Columbia, Alberta and Manitoba, have credited similar legislation with a reduction of impaired driving collisions, Ouellette said.

Steve Sullivan, the CEO of MADD Canada, is pleased with the changes. He said it's a more efficient use of police resources, while still providing a deterrent for the public.