Drunk driving law upheld after charter challenge fails

An Alberta judge has rejected aconstitutional challenge of the province's impaired driving law that suspends the licences of people facing charges until they go to trial..

In a lengthy decision,Court of Queens Bench Justice Thomas Wakelingruledhaving an operators licence is nota right protected by the Canadian Charter of Rights and Freedoms.

"No one can reasonably deny that the ability to drive a motor vehicle is an importantcomponent of life in a modern community," he wrote."However, one can function withoutbeing able to operate a motor vehicle.

"Driving a motor vehicle or having an operators licence is nota constitutional right."

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Since law came into effect in June 2012,drivers whose blood-alcohol content exceeds the legal limithave their vehicles impounded for three days and lose their licences until their cases are resolved in court.

In alawsuit filed in early 2013, a group of motoristsfacing impaired driving charges arguedthe legislation presumes guilt and violates people's rights by suspending their licences indefinitely.

As cases may take as long as 18 months to resolve, lawyerssuggested drivers pleadguilty just to get their license back sooner.

Lawyers also arguedother provinces have passed similar laws but they all specify a fixed period of time for licence suspensions.

But Wakeling praised the law writing, "It is a highway traffic safety law which likely has already and will in the future save the lives ofAlbertans."