Proportion of injured alcohol-impaired drivers subsequently convicted of an impaired driving criminal code offence in British Columbia

Abstract

Background: Alcohol is a frequent contributing factor to motor vehicle collision injuries. Our objective was to determine the proportion of intoxicated drivers hospitalized following motor vehicle crashes who were subsequently convicted of an impaired driving criminal code offence. Methods: We reviewed British Columbia Trauma Registry records from Jan. 1, 1992, to Mar. 31, 2000, and identified drivers of motor vehicles who were hospitalized for treatment of crash-related injuries. Patient identifiers were then used to link with the Insurance Corporation of British Columbia’s (ICBC) contraventions database and the ICBC Traffic Accident System collisions database. Results: Of 6067 patients identified in the Trauma Registry, 4042 had not been administered a blood ethanol test, 209 had no driver’s licence match in the relevant databases and 119 died, leaving 1697 eligible patients. Mean age was 34 years, and 79.6% were male. The average Injury Severity Score was 20, the average hospital stay was 14 days and, among ethanol-positive patients, the mean ethanol level was 34.0 mmol/L (156.4 mg/dL). In patients with levels >17.3 mmol/L, the police had listed ethanol as a contributing factor in 70.6% of cases. Despite this, only 11.0% were convicted of impaired driving and 8.4% of another criminal offence; 10.7% received a 24-hour roadside prohibition, 3.9% received a 90-day administrative driving prohibition and 25.0% were convicted of a contravention of the Motor Vehicle Act. Forty-one percent were not convicted of any offence at all. Conclusions: Intoxicated drivers in British Columbia requiring hospitalization as a result of alcohol-related motor vehicle crashes are seldom convicted of impaired driving or other criminal code offences.

Characteristics and conviction rates of injured alcohol-impaired drivers admitted to a tertiary care Canadian Trauma Centre

“…Several studies have shown that there has been an increase in the convic- 9 In comparison with this most recent study from the United States of America, we had a slightly higher conviction rate for DWI, and more IAIDs who were charged, Albertan impaired drivers are almost as unlikely as their neighbours to the south to suffer legal consequences. The low conviction rate seen in southern Alberta is consistent with a study from Vancouver, BC in which 11% of impaired drivers were convicted of impaired driving 16 . While Purssell et al addressed reasons why convictions rates are low, they were unable to comment on whether IAIDs were not charged or not convicted.…”

“…During the 8 year study period, 4727 adult major trauma victims were identified in the CHR Trauma registry; 3505 (74%) were male, the median age was 40 (IQR, 26-58) years, and the median ISS was 20 (IQR, [16][17][18][19][20][21][22][23][24][25][26]. The primary type of injury was blunt trauma in 4373 (93%), with 205 (4%) patients suffer ing penetrating, 96 (2%) burn, and 53 (1%) other types of injuries.…”

“…Hence we believe that part of the problem is that IAIDs are not being charged. The barriers to criminal charges, including difficulties in identifying that a driver was intoxicated, challenges in obtaining legal blood samples, and general lack of resources in processing such charges outlined previously 16 could contribute to the low number of charges being laid in our health region.…”

Federal Impaired Driving Policy: Moving Beyond Half Measures

“…7 Given Canada's very low rates of detecting, charging, and convicting impaired drivers, the use of the ''tough law'' rhetoric is misleading, if not ironic. 8 For example, the Criminal Code blood-testing provisions are so narrow that only a very small fraction of impaired drivers who are hospitalized after causing a crash are convicted of any impaired driving offence, even though their BACs are often double or more the federal .08 percent limit (Chamberlain and Solomon 2010, 49-63;Goecke et al 2007;Purssell et al 2004). The 2008 drug-impaired driving provisions are complex, time-consuming to enforce, and appear to be readily susceptible to legal challenge (R v.…”

Did Amendments to the Ontario Highway Traffic Act in 2009-2010 Affect the Proportion of Alcohol-Related Motor Vehicle Collisions Seen at a Level I Trauma Centre over a 10-year Period?

“…4 Many other jurisdictions around the world have implemented legislative changes to combat drinking and driving, with mixed results. [5][6][7][8][9][10][11][12][13][14][15][16] The Ontario Highway Traffic Act (OHTA) was amended on May 1, 2009, so that all drivers with a BAC of 0.05%-0.08% have their licenses immediately suspended at the roadside for three, seven, or 30 days for a first, second, or third offense, respectively. On August 1, 2010, all novice drivers under the graduated licensing system and fully licensed drivers aged 21 years and younger became legally obligated to maintain a blood alcohol concentration of zero at all times.…”