by Cedric Hughes, Barrister & Solicitor with weekly contributions from Leslie McGuffin, LL.B.

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The Perils of Intoxication

Everyone knows that drinking and driving is dangerous, stupid, selfish, and thoughtless, that it is socially unacceptable—definitely not cool.  Everyone knows that it is illegal and that if you are caught, losing your vehicle and your license are only the start of your troubles.  At some expense you will need to hire a lawyer.  Everyone knows that if you are convicted of impaired driving you will face a variety of punishments including the possibility of jail time and a criminal record that can restrict your options in other areas of your life including your qualification for occupational and professional status, and even your ability to travel.
 
 And while contemplating the troubles and injury you will cause yourself is frightening enough, it is beyond horrific to imagine injuring someone else.  Everyone knows these things…and yet drinking and driving, especially during the festive times of the year remains a problem.  Most local police forces report seasonal increases in 24-hour suspensions, in impoundments and in impaired charges under the Criminal Code of Canada.
 
Wouldn’t it be something if every driver strictly interpreted the ‘Don’t drink and drive rule’ and acted accordingly?  Many drivers, including those who wouldn’t call themselves teetotallers do this, especially if they have agreed to be the ‘designated’ driver.
 
The current state of the law in British Columbia, however, does not require complete abstinence. It requires fully licensed drivers to do two things:
 
1)      Know the legal limits—over 0.05 grams per 100 milliliters of blood or 0.05% blood alcohol level (BAC) is a 24-hour suspension and a fine; over 0.08 grams per 100 milliliters of blood or 0.08% BAC is an impaired charge under the Criminal Code—and
2)      Remain a safe ‘un-impaired’ driver within these limits.
 
The tricky part is knowing and staying within the limits.  All studies of the effect of alcohol on the human body show that technical impairment begins with the first drink.  The general rule is that the consumption from sober of one standard drink of alcohol (e.g. 14 grams (17.74 ml) ethanol content by U.S. standard) will increase the average person's BAC roughly 0.02% to 0.05% and return it to 0% about 1.5 to 3 hours later at a dissipation rate of around 0.015% per hour.
 
But application of the general rule varies dramatically from one person to the next depending on their gender, age, body type and weight and their particular circumstances including their level of fatigue, how much food they may have consumed, the type of beverages consumed, and the current state of their health including whether they are taking prescription or non-prescription medications.  The Internet is full of charts and tests that can help you learn the effect of a given number of drinks on your BAC.  Women shouldn’t be surprised if they find that their limit is reached after one or two drinks only.
 
To learn more about the problem of drinking within your limits visit www.deflatetheelephant.com and select ‘Don’t be fooled: common alcohol myths dispelled.’

 

 

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