A class action lawsuit was filed in Vancouver, Canada last week, challenging penalties given to drivers under new drunk driving legislation. Class-action lawsuit challenges DUI charges
As of September 20, new legislation came into effect that penalizes a driver who is driving with a blood concentration of between .05 to .08. If the breathalyzer finds these levels, a “warn” reading appears.
The lawsuit alleges that between September 20, through November 19, police were negligent in their use of roadside breath test devices. The lawsuit contends that either the devices were programmed incorrectly, or the police did not realize that the breath tester was programmed incorrectly. During this period, 170 drivers were affected, facing penalties up to $4, 060. and license suspensions.
On November 19, 2,200 Victoria police Chief Jamie Graham recalled breath test devices, as it was determined from lab tests that there was a margin of error in the devices. The tests showed that the breathalyzer could read .05, when the driver was actually below this level. The devices were reset, so that the “warn” reading would appear at a blood alcohol of .06, which acknowledges the potential for a machine error.
The penalty for a “warn” reading within five years results in a minimum penalty of the loss of the driver’s license for three days, $200 penalty, $250. license reinstatement, and the likely loss of the vehicle for three days (plus towing and storage costs). For more than one “warn” reading, the penalties increase.
The class action lawsuit will go to the B.C. Supreme Court to be formally classified as a class action within the next three months.