FAQ: Bill C-376 An Act to Amend the Criminal Code (impaired driving) and to make consequential amendments to other Acts (Lowering the BAC to .05%)
October 31, 2006

Why .05%?

  • .05% will reflect the true risks of drinking and driving and will make our roads safer and greatly reduce the numbers of Canadians being killed and injured by impaired drivers. 
  • .05% is a realistic limit which does not limit Canadians’ ability to enjoy alcohol consumption and would not interfere with what most Canadians consider social-drinking.
  • Parliamentarians established the current .08% in the Criminal Code in 1970.  Substantial research since that time has established that key driving-related skills and driving performance are adversely affected at BACs well below .08%.

Will .05% adversely affect social drinking?


No.
  • An average 200 pound man could drink more than four bottles of beer in two hours on an empty stomach without reaching the real-world threshold * for charges under .05% law.
  • An average 120 pound woman could drink two 5oz glasses of wine in two hours.
(in keeping with current practices – police would not likely lay charges unless a suspect’s evidentiary BAC readings were above .07%)

Will .05% deter “hard core” drinkers?

Yes.
  • Lower BAC levels reduce impaired driving at all levels.
  • In some countries where levels of .02% (Sweden) and .08 to.05% (Australia) have been legislated, the sharpest declines were seen at the highest BAC levels. 

Does the Public support lower BAC levels?

Yes.
  • National surveys conducted in 1997, 2001, 2002, and 2003 found that more than 70% of Canadians supported or strongly supported a Criminal Code .05% limit for driving.
  • Support increases when Canadians learn how much alcohol can be consumed under the current level of .08%  (6 beers for the average 200 lb man, over 2 hours on an empty stomach)

Will .05% unduly burden the police or courts?

No.
  • The limit would likely have a deterrent effect and thereby reduce the number of potential offenders.
  • Other jurisdictions that have lowered the BAC have not reported being over-burdened.
  • The ticketing provision contained within the Bill makes it unnecessary for drivers and police to appear in court where drivers do not wish to contest their conviction.
  • Provisions within the Bill would eliminate a criminal record for those who have no subsequent impaired driving charges within 2 years of the original conviction. As well convicted individuals will not have to go to court to fight for a pardon.

Who is at the most risk?
  • Youth are particularly at risk – the risk of a fatal crash for males between the ages of 16 and 20 is 5 times more likely at BAC levels of.02% - 0.49%.  At the current .08% to .99% the risk increases to 52%.

What would .05% do in real terms?
  • In real terms, reducing the BAC will reduce the number of deaths, injuries, and damages to property as a result of impaired driving.  It will also reduce the significant costs of alcohol-related crashes.
  • In 2003, alcohol related traffic crashes resulted in 1,143 deaths, 67,423 injuries and 146, 684 property-damage only crashes
  • The total financial and social costs of these alcohol-related crashes were estimated to be as high as $9.96 billion.

What about the rest of the world?
  • .05% puts Canada in line with comparable democracies that have both lowered the BAC to at least.05% and have experienced significant traffic safety benefits.