The B.C. Court of Appeal has upheld the constitutionality of automatic penalties under B.C.’s drinking and driving law.

The B.C. Civil Liberties Association had argued in court that automatic penalties under the drinking and driving law without a court process violated the right to be presumed innocent until proven guilty.

But on Monday the B.C. Court of Appeal ruled the legislation does not replace the Criminal Code or lead to criminal punishment.

“The legislation’s purpose and effect is to regulate highways and enhance public safety,” the court wrote.

“The legislation does not create a criminal or quasi-criminal proceeding nor does it lead to true penal consequences and therefore, does not create an offence.”

When the law was first introduced by the provincial government in 2010, a driver who blew a ‘warn’ or a ‘fail’ on a roadside screening device faced automatic penalties.

They included a driving ban, seizure of the vehicle, and fines and fees for storage, towing, and getting the driver’s license returned.

In 2011, the B.C. Supreme Court found that the law was unconstitutional for drivers blowing a ‘fail’ because there is no way for drivers to properly challenge the roadside breath test.