Under new legislation set to take effect on May 1, blowing a breath-test warning reading of more than 50 milligrams but less than the legal limit of 80 milligrams will now bring a three-day suspension for a first offence.

The penalty rises to seven days for a second offense within five years and drivers will also be required to take a remedial alcohol education course.

A third or subsequent offense will bring a 30-day suspension, a mandatory alcohol treatment program and installation of a breath-screening device for six months that prevents the driver's vehicle from starting if he or she has been drinking.

12-hour suspension

Until now, drivers simply faced a 12-hour suspension, virtually letting them continue as if nothing happened. No more.

“It’ll be on your abstract because it has to stay on there for five years so we know as police that you’ve already had the three-day suspension and now you’re going to get the seven-day suspension,” said Const. Claus Wagner, traffic safety coordinator for the Hamilton police.

“Insurance companies will be able to see those types of things – that even though you’re not being charged criminally, you’re driving with alcohol in your system.”

The tougher penalties were initially slated to take effect in November, but were delayed “to ensure a smooth implementation,” according to Ministry of Transportation spokesperson Bob Nichols.

He said in an email that the extra time will allow for a public education campaign on the dangers of driving near-drunk, citing 2005 statistics showing that one in six drinking drivers killed in Ontario had blood-alcohol levels below the legal limit.

“Drivers need to change their habits now before our escalating sanctions come into effect,” he said.

The new rules are poised to kick in as Hamilton police close the books on a past year of mixed results in the battle against drunk driving.

Consistent with recent trends, the holiday RIDE season proved relatively quiet, with only one of 21,000 stopped motorists charged for exceeding the legal blood-alcohol limit.

Yet despite the yuletide blitz’s relatively sober results –a further 14 of 88 drivers tested received the soon-to-be-antiquated 12 hour suspensions for blowing above 50 milligrams –the overall number of drivers failing RIDE breath tests jumped in 2008 as police set up more checks.

Const. Wagner credited a special provincial grant of $45,000 for allowing officers to stop 132,000 vehicles in 2008 –nearly 50 per cent more than in the previous year.

The stepped up enforcement saw the number of drivers charged with being either impaired or over the legal limit more than double, to 17, from the 7 in 2007. Three people also died last year in alcohol-related accidents.

“Someone doesn’t have to be blottoed to be given a roadside test,” he said. “If you can smell alcohol on somebody, they’ve had more than one drink.”

Dropped slightly

Twelve-hour RIDE suspensions dropped slightly –to 101 from 110 the year before –but the overall number of impaired-driving charges in the city increased to 497 in 2008, from 380 the previous year, thanks in no small part to help from alert citizens.

Police made 113 arrests last year under Operation Lookout, which encourages people to call 911 if they see someone driving erratically, up from 68 in 2007.

“Because people are calling in, we’re getting our impaired drivers, the message is getting out there,” Const. Wagner said.

“It shows that it’s working. It’s the public’s zero tolerance of impaired driving or just bad driving, because this causes a lot of other frustrations sometimes. Motor-vehicle collisions happen due to that fact.”

Const. Wagner said police hope to make it even harder to beat the system by introducing a new model of breath testers that can give more accurate roadside results.

Existing roadside testers only provide accurate readings for those blowing under 50 milligrams, a result used for drivers with beginner- level licences who are forbidden any alcohol.

Anyone blowing between 50 and 99 registers an “alert” and is presently given an immediate 12- hour suspension, while those exceeding that level are arrested and taken to a police station for a second, more accurate test.

“We calibrate to 100 even though the legal limit’s 80 because if someone blows an 81, by the time you brought them in the station and they called their lawyer and everything, they’ll blow under that 80,” Const. Wagner said.

“It kind of gives you that play as your body loses the alcohol.