In doing some research, I came across this post and it's a very interesting proposal.

Many years ago, I worked in law enforcement and after much thought, I came to the conclusion that a lot of things, especially drugs, should be decriminalized and managed differently. Of course, many thought I was crazy at the time – but now there is even LEAP – Law Enforcement Against Prohibition with many members who see the downside of criminalizing so much.

I wonder if there have ever been justice statistics collected that would support this theory: The typical clients you describe above who have gone through a successful defence to a DUI charge never drink and drive again.

I think it would be a pretty hard go for a government (especially one following this current "mandatory minimum sentence/throw everyone(except-a-buddy-of-ours) in the slammer/there is only black and white not grey blue pink yellow or orange" minority) to convince a population that decriminalizing DUI except in the case where it leads to measurable harm to person or property is a good idea.

Just because it would be difficult to explain and promote doesn't mean that it isn't the best solution.

John's comment raises an interesting point. Why does Ontario not amend the Highway Traffic Act as Edward suggests, even in the absence of a parallel federal move to amend the Criminal Code? Edward points out that in the absence of a strong criminal case, Crown prosecutors sometimes opt to negotiate a plea bargain to a Highway Traffic Act offence instead. Might not such plea bargains be more common were there tougher penalties available under that act, such that the accused doesn't appear to be \pulling a Jaffer\, as Edward described it?

I suppose if our prison system becomes as chock-full as California's – and the feds seem to have that ambition – then maybe budget pressures might lead, here as apparently there, to common sense pushing its way through the concrete walls…

Good luck.

In the years I practiced criminal defence law (those days are behind me now with my PI practice my only contact with impaired drivers is when I sue them…) I can share your view of the general demographic of impaired driving clients and further their motivation to hire a lawyer. If the threat of a criminal record was replaced with a strictly regulatory-offence type of a conviction that would surely reduce the number of folks fighting the charges.

I look forward to the discussion your post will trigger.