After B.C. drunk driving law tripped up on court Alberta says it will press on with its own legislation

British Columbia credits its tough new drunk driving law with slashing the number of impaired driving deaths, but now a judge has thrown up a roadblock to at least part of it.

The B.C. Supreme Court has ruled part of the legislation unconstitutional because it denies drivers who fail roadside sobriety tests a chance to appeal the instant penalties police can impose.

Those sanctions can range from a driving ban and loss of the vehicle (with costs for storage), to requiring an ignition interlock that forces drivers to demonstrate they're alcohol free before the car will start. The law gave police the power to levy roadside penalties without laying an impaired driving charge.

"In my view, because of the significant prohibition, penalty and cost implications of a 'fail' reading, the province could easily have provided in the legislation a reasonable and meaningful review process where a driver subject to a lengthy automatic roadside prohibition could challenge the results of the screening device," Justice Jon Sigurdson wrote in his decision.

The Globe and Mail reported B.C. Solicitor General Shirley Bond said any driver now blowing over the .08 legal limit will face the penalties the predate the 2010 changes to the law, typically a 24-hour roadside suspension and the possibility of impaired-driving charges.

However, drivers who register between .05 and .08 (the so-called warn range under the law), can still lose their licence and vehicle immediately for up to 30 days and be required to install an ignition interlock. The court did not strike down that portion of the legislation, concluding it was a reasonable infringement of the Charter of Rights and Freedoms.

Bond said the government will amend the law to conform to the ruling by the spring session of the B.C. legislature.

"We have the ability, with relative speed, to make an adjustment that will put the entire regime back in place very soon," she said, adding that in the meantime, "there will still be a significant regime in place that provides serious consequences if you choose to drink and drive in this province."

The tough B.C. law has been credited with reducing impaired-driving fatalities in the province by 40 per cent in 2011 - 68 deaths up to Sept. 30 compared with 113 in the same period last year.

But bar and restaurant owners complained the law was having a significant impact on their business as people worried that even one glass of wine or mug of beer could put them in jeopardy of a harsh roadside suspension without appeal.

The B.C. approach was closely watched elsewhere in Canada. The Alberta government said it will move ahead with changes to its impaired driving law despite the court ruling, CTV reported.

Alberta Justice Minister Verlyn Olson said while the province's law is modeled on British Columbia's when it comes to the so-called warning range between .05 and .08, drivers who blow above that will still face criminal charges, according to the Calgary Herald.

"Any problems that were identified by the court in B.C. don't touch on our legislation and we feel as though in fact it probably supports our legislation," Olson told a news conference.

Alberta officials say the provision to seize a vehicle and lift a licence comes into play only after a breathalyzer test is done at the police station, not after a roadside screening as in B.C.