December 10, 2019

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New DUI legislation introduced today

WINNIPEG — Proposed changes to Manitoba’s impaired driving law would extend suspensions for repeat offenders.

Attorney General Andrew Swan introduced new legislation today that would see the province adopted a tiered system for repeat offences.

Currently, a 24-hour suspension is imposed for drivers caught with a blood-alcohol concentration of .05 per cent or higher.

The new law when passed would bring in a 24-hour for a first offence, 15 days for a second violation, 30 days for a third and 60 days for a fourth and subsequent violation.

Other details of the proposed changes to the Highway Traffic Act are:

• An immediate 24-hour motor-vehicle driver’s licence suspension to people operating a vessel, aircraft or railway equipment who are too impaired to respond to a police demand to provide a breath or blood sample or to participate in a physical co-ordination test.

• Allowing suspended drivers to challenge the grounds for tiered suspensions and, if the suspension is upheld, allowing an application for a conditional restricted driver’s licence if the suspension will result undue hardship, such as job loss.

• An immediate three-month motor-vehicle driver’s licence suspension for those operating a vessel, aircraft or railway equipment with a BAC over .08, or for refusing to provide a breath or blood sample or participate in a physical co-ordination test.

• Long-term driver’s licence suspensions for those who operate a vessel, aircraft or railway equipment and are convicted of a Criminal Code impaired-driving-related offence. For example, the suspensions for operating a vessel over .08 would be one year for a first conviction, five years for a second conviction, 10 years for a third conviction and a lifetime suspension for four or more convictions for impaired operation offences.

• Ignition interlock conditions for suspended drivers who obtain a conditional restricted driver’s licence and, in certain cases, driver’s licence reinstatement after the suspension has expired.

• Road-vehicle impoundment sanctions for driving while suspended under any of the proposed new sanctions for operating a vessel, aircraft or railway equipment while impaired.

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